Legal System Of Institutions Of Higher Learning

Original Language Title: Regime jurídico das instituições de ensino superior

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445304f4331594c6d527659773d3d&fich=ppl148-X.doc&Inline=false

1 PROPOSAL of law No. 148/X explanatory memorandum the reform of Portuguese higher education responds to a strategic objective of the Government program. Still falls in the current European movement of modernisation of universities and colleges for the development of knowledge societies and economies. This reform is essential today for the development of the country and represents an unprecedented opportunity for the higher education institutions themselves and to their communities more dynamic. It is a carefully prepared and widely discussed reform in its fundamental choices. Throughout the year 2006, was developed by the OECD, by request of the Government, an in-depth analysis of the Portuguese higher education system. This assessment, which involved not only the dialogue with the institutions themselves but also to hearing from a wide range of social actors, sought to situate the challenges and opportunities of higher education in Portugal in an international perspective, and resulted in a final report submitted publicly and widely debated at the end of the year. Also in 2006, at the request of the Government, the European network for quality assurance in higher education (ENQA) conducted an extensive analysis of the accreditation and evaluation system of higher education in Portugal and produced recommendations aiming at the reform of this system with a view to the adoption by our country of approved guidelines on this issue in the context of the European Bologna process. In parallel, was stimulated and supported financially the practice of institutional evaluation outside of the Portuguese higher education institutions, in particular through a framework agreement established with the European Universities Association (EUA), having been already initiated this process, by voluntary membership of the institutions. Of course, the first priority of the Government since 2005, was for the implementation of the Bologna process in Portugal, and for quickly overcoming the delay in this matter. 2 indeed, it was not only to ensure the recognition of the qualification of the Portuguese in the European area, and their mobility, but especially to promote equal opportunities in access to higher education, improving the levels of attendance and completion of courses, attracting new audiences, diversifying the offer of training. This process included, inter alia, the following actions:-approval by Parliament of the proposal for a revision of the law of the education system, in order to create the legal conditions for the implementation of the Bologna process of higher education reform, which was followed by the adoption of Decree-Law concerning degrees and diplomas of higher education, establishing the General principles of organization of study cycles and the accreditation process as well as fixing the transitional rules to be adopted for the reorganization of the courses and for the creation of new education. It is in this context that about 50% of the taught courses in Portugal are already adapted to the Bologna model, and it is expected that about 90% of these courses are adapted at the beginning of the next school year;
-Reform of the system of technological specialization courses (CET), especially in higher polytechnic schools, in order to increase the supply of vocational training 4 level and widen the access to this training to new audiences, opening new avenues of access to higher education. More than 70 new courses have already been created;
-Approval of scheme that simplifies and relaxes the access to higher education, in particular, the largest of 23 years with appropriate training and experience. About of 10000 new students joined this school year, by this route, in higher education;
-Support for actions to combat abandonment and failure at school, the initiative of the institutions themselves, as well as encouraging the enhancement of the qualifications of the teaching staff and research activities across the higher education;
-Clarification of the conditions of access to higher education by requiring the candidates positive rating in the national entrance exams specific to the respective course;
-Rationalization of supply of first-cycle courses, restricting public school graduate courses with less than 20 students, some exceptions justified or provided for by law; 3-new legislation on the recognition of degrees and diplomas which facilitates national and international mobility of students and graduates. It was however prepared by the Government and presented to Parliament a proposal for a new law of evaluation of higher education institutions, the need for external and independent evaluation of courses and institutions and the accreditation of study cycles leading to the awarding of academic degrees of prior evaluation. The creation of the National Quality Assurance Agency for higher education approval of subsequent evaluation shall be the main instrument for its effective implementation. In 2006 he started a new cycle of investment in the country's scientific development, embodied in the launch of the initiative ' commitment to science», with manifest impact on qualification and opening of the higher education and strengthening the role of research institutions. Example of this process is the implementation of the first great international partnerships for higher education and science and technology (MIT, CMU) started in 2006 and continued in 2007 (UT Austin, Fraunhofer). These partnerships can fuel supply in Portugal of world-class education programs, strengthen the mobility of students, teachers and researchers, and are aimed at stimulating economic growth through science-based innovation, attracting new talents and higher value-added activities, promoting access to new markets for Portuguese companies of technological base. This proposal of law on the legal status of the institutions of higher education regulates the Constitution, assignments, organization, functioning, organic and inspection competence of these public institutions. The proposal was preceded by the presentation and discussion in the Assembly of the Republic, the Prime Minister and, later, by the Minister of science, technology and higher education, the guidelines of the reform proposed by the Government. Such guidelines were still the subject of public debate, particularly within the framework of the National Council of education, and consultation and dialogue with the representative entities of the sector. The provisions of this Bill applies to all institutions of higher education and the higher education system as a whole, i.e. the public higher education, the State-owned institutions and the entities he imposed, and 4 private higher education, composed by the institutions belonging to private entities and cooperatives. Together, in the same law, the schemes applicable to public and private institutions, University and Polytechnic. Revoke the law of autonomy of the Universities, the law of the Statute and Autonomy of higher education Polytechnic, the status of Private and cooperative higher education and the legal framework for the development and quality of higher education. This law regulates, inter alia, the following aspects:-principles of organization of the system of higher education;
-Autonomy of the universities and the polytechnics;
-Principles of organization and management of higher education institutions;
-Legal Regime of public and private institutions of higher education;
-Regulation and planning the public network;
-Requirements for the establishment and transformation in higher education institutions;
-Responsibility and supervision of the institutions, Underline the main options of this reform:-the adoption of a framework of reference for the demanding development and quality of the Portuguese higher education system centred on the objective of qualifying, international level, of its students;
-Reinforcing the specialization of the binary system, clarifying the different nature and objectives of universities and polytechnics;
-The introduction, entirely innovative, of diversity in the legal status of public institutions, with the creation of public foundations of private law, following the example of some of the best international practices;
-The definition of common requirements of requirement for the establishment and continuity of public or private institutions of higher education, requiring-if prior accreditation of the courses to be conducted and, in particular, minimum levels of staff, according to the size of the institutions. All universities, in addition to other specific requirements, should come with a minimum of one doctor for 30 students;
-The reinforcement of guarantees, including financial or patrimonial, and transparency regarding the identity of their owners, required serves entities of private higher education institutions; 5-the consolidation and institutional integration of colleges that fail to be separate and autonomous school federations;
-The strengthening of territorial base and vocational colleges;

-The creation of the title of specialist, the check by the Polytechnics to professionals of proven experience and seniority whose participation in Faculty of higher education polytechnic schools if encourages. So, open the Polytechnic higher education a new dimension of intervention in the social and economic fabric, in association with relevant entities of the professional world;
-The consecration of the diversity of institutions, in its organisational structure as well as in their forms of organization and operation;
-The prediction of consortia between institutions of similar nature, with integrative functions, along with other mechanisms for reorganization of the network and of the formative offer, and the Organization of collective entities where to enter teaching and research institutions, of different nature and origin;
-To guarantee the widest freedom of organization, institutions with flexibility in its entire internal organization, including its specific units that may take shape and distinct nature;
-The specificity of the teaching of the arts, is expected to adopt a specific and appropriate regime of the institutions ' requirements in these areas, including faculty qualifications;
-The definition of specificity and the importance of the development of distance education, supported in particular by digital technologies of information and communication;
-The reform of the governance of public institutions, ensuring the greatest responsibility and decision-making ability to their responsible. Only defined minimum government organs of the institutions, without prejudice to the statutory freedom of creating other instances and forms of specific organization judged necessary. It creates a General Council, a body of top institutions, mostly composed of elected representatives of teachers and researchers, which will include mandatory student representatives and still a significant number of co-opted personalities, external to the institution, to stimulate and ensure their openness to social, cultural and economic life abroad, as a percentage of not less than 30%, whose opinion is required in basic materials. The scientific councils of the institutions of higher education shall necessarily include representatives of its 6 research institutes assessed and recognized. Teaching councils, joint composition between students and teachers, are mandatory prior consultation on matters of educational organisation and methods of performance evaluation of faculty and students;
-The designation of the maximum leader of the institutions whose roles and responsibilities are reinforced, committed to the General Council, after a process that necessarily includes the public hearing of all candidates;
-The explicit recognition of the role of associations of students and alumni associations in boosting the quality of higher education, and their relationship with the social, economic and cultural life;
-The creation of the student Provider linked to the functions and powers of the organs of the institution and its organic units;
-The improvement of conditions of frequency of student workers;
-The consecration of the right and duty of the State intervention in respect of the definition of the list of specific evidence of access to top courses, when is the coherence of the system;
-Strengthening the responsibility of the leaders of the public higher education institutions, and the limitation to eight years of consecutive terms top managers;
-The consecration of autonomy of financial management and personnel management of higher education institutions;
-The requirement of consolidated accounting of expenses and revenues, and the explanation of cost structure, together with the appointment of a statutory auditor in all institutions and periodic external audits, whose reports will be made public;
-The obligation of drawing up and entry into force of the new statutes of all institutions until six months after the entry into force of the law;
-The impact assessment of the law in the light of its objectives to perform after their first five years of implementation. With the revision of the Statute of university higher education careers and higher education Polytechnic, and also the research career, in the coming months, complete the reform of the system of higher education announced in the program of the Government that this law is an essential and fundamental element. 7 Were initiated consultations the Council of Rectors of the Portuguese universities, polytechnics Coordinating Council, the Portuguese Association of private higher Education and student associations. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: legal system of institutions of higher education title I principles and common provisions article 1 subject-matter and scope 1-this law establishes the legal regime of the institutions of higher education, in particular by setting its Constitution , tasks and organization, functioning and jurisdiction of its organs and, yet, the tutelage and public oversight of the State over the same, within the framework of its autonomy. 2-the provisions of this law shall apply to all higher education institutions, subject to 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 this law, the artistic education and distance learning.

Article 2 Mission 1 higher education-higher education aims to high-level qualification of the Portuguese, stimulating the production and dissemination of knowledge, as well as the cultural, artistic, scientific and technological of their students, within a framework of international reference. 8 2-higher education institutions enhance the activity of its researchers, faculty and staff, encourage intellectual and professional training of its students and ensure the conditions so that all citizens properly enabled to have access to higher education and to lifelong learning. 3-higher education institutions encourage the mobility of students and graduates, both nationally and internationally, notably in the European higher education area. 4-higher education institutions have the right and duty to participate individually or through their organic units, liaison activities to society, in particular for dissemination and transfer of knowledge, as well as economic valuation of scientific knowledge. 5-higher education institutions have the duty to contribute to the public understanding of the humanities, arts, science and technology, promoting and organizing actions to support the dissemination of humanistic culture, art, science and technology, and providing the necessary resources to those ends.

Article 3 binary nature of higher education system 1-higher education is organized in a binary system, and university education geared to the provision of solid scientific backgrounds, joining efforts and skills of teaching and research units, and polytechnic education focus especially in vocational training and in advanced techniques, professionally-oriented. 2-the binary system must match the demands of an increasingly diversified demand of higher education geared to the needs of those who complete secondary education and of vocational and professional courses seeking and lifelong learning.

9 Article 4 public and private higher education 1-the higher education system comprises: a) the higher education crowd, made up of the State-owned institutions and the foundations he established; b) private higher education institutions compound belonging to private entities and cooperatives. 2-under the Constitution, the State shall be responsible for the creation of a network of institutions of public higher education that meets the needs of the country. 3-is guaranteed the right to establishment of private higher education institutions, in accordance with the Constitution and this law. 4-it is not permitted the operation of higher education institutions or education lecturers of degree under franchise.

Article 5 1-higher education institutions higher education institutions integrate: the) college education institutions, including universities, University colleges and other institutions of higher education; b) polytechnic education institutions, which include the institutes of technology and other institutions of polytechnic education. 2-university institutes and other institutions of higher learning and Polytechnic University share the system of universities and polytechnics, as appropriate, including the autonomy and the Government itself, with the necessary adaptations.

10 article 6 Institutions of university education


1-universities, University colleges and other institutions of higher education are high-level institutions geared towards the creation, transmission and dissemination of culture, of knowledge and of science and technology, through the articulation of the study, teaching, research and experimental development. 2-universities and university institutes confers the degrees of Licentiate, master and doctor, in accordance with the law. 3-the other institutions of university education confers the degrees of licenciado and mestre, in accordance with the law.

Article 7 1-polytechnic education polytechnics and other institutions of Polytechnic are high-level institutions geared for the transmission and dissemination of culture and knowledge of a professional nature, through the articulation of the study, teaching, research and experimental development. 2-Polytechnic institutions confer the degree of licenciado and mestre, in accordance with the law.

Article 8 Duties of the institutions of higher education 1-they are attributions of the institutions of higher education, within the framework of the vocation of each subsystem: a) the realization of education aiming at the attribution of academic degrees, as well as other post-secondary courses, postgraduate courses and others, in accordance with the law; b) the creation of the educational environment appropriate to their purposes; c) conducting research and the support and participation in scientific institutions; 11 d) transfer and economic valorization of scientific and technological knowledge; e) conducting vocational training and updating of knowledge; f) the provision of community services and development support; g) cooperation and cultural, scientific and technical exchange with national and foreign institutions; h) the contribution, in its field of activity, international cooperation and rapprochement between peoples, particularly the Portuguese language countries and European countries; I) production and dissemination of knowledge and culture. 2-higher education institutions compete, yet, under the law, the grant of equivalence and recognition of degrees and academic qualifications.

Article 9 Nature and legal framework 1-public institutions of higher education are legal persons governed by public law, which may, however, also how to public foundations under private law regime laid down in chapter VI of title III. 2-In everything that does not contradict this law and other special laws, and subject to the provisions of Chapter VI of title III, public higher education institutions are subject to the regime applicable to other legal persons governed by public law of administrative nature, namely the framework law of public institutes, which count as supplementary law in what is not incompatible with the provisions of this law. 3-serves entities of private higher education institutions are legal entities of private law, not having its own legal personality establishments. 12 4-private higher education institutions are governed by private law in everything that is not contradicted by this law or other applicable law, without prejudice to their subjection to the principles of impartiality and justice institutions relations with teachers and students, especially as regards procedures for career development of first and access , ticket and evaluation of seconds. 5-are subject to Regulation by law generic special the following matters, subject to the provisions of this Act and in applicable general laws: the) access to higher education; b) the system of academic degrees; c) the equivalence regime and recognition of degrees and other qualifications; (d)) the creation, modification, suspension and revocation of education; accreditation and evaluation) of institutions and education; f) the funding of public higher education institutions by the State budget, as well as the method of attachment of the tuition of frequency of institutions; g) the scheme and careers and research staff; h) the school social action; I) The representation of the official bodies of public higher education institutions. 6-As special legislation, this law and the laws referred to in the preceding paragraph are not affected by general laws, unless expressly provided otherwise. 7-in addition to the legal and statutory standards and other regulations governing higher education institutions can define codes of good pedagogical practices and good governance and management.

Article 10 Designation 1-higher education institutions shall have own name and feature, in Portuguese language, which identify unambiguously, without prejudice to the use of the name versions in foreign languages. 13 2-the name of an institution cannot be confused with that of another educational institution, public or private, or lead to misunderstanding about the nature of the teaching or the institution. 3-Is reserved for names of higher education institutions using the terms «University», «College», «Institute», «Institute», «Polytechnic», «University» and other expressions that convey the idea of them being taught in higher education. 4-the title of each educational institution can only be used after you registered with the Ministry of supervision. 5-non-compliance with the preceding paragraphs constitutes grounds for refusal of registration of the name.

Article 11 autonomy of institutions of higher education 1-public higher education institutions enjoy statutory autonomy pedagogical, scientific, cultural, administrative, financial, patrimonial, and disciplinary action against the State, with the appropriate to its nature. 2-statutory, scientific autonomy pedagogical, administrative and financial, of the universities is recognized by paragraph 2 of article 76 of the Constitution. 3-in the Face of its founding body and against the State, the private higher education institutions enjoy educational, scientific and cultural autonomy, as well as disciplinary autonomy in relation to students. 4-Each higher education institution has own statutes, in compliance with the law, set out its mission, educational and scientific objectives, implement their autonomy and define your organizational structure. 5-the autonomy of higher education institutions do not preclude the authority or government surveillance, as in the case of public or private institutions, nor the external evaluation and accreditation, in accordance with the law.

14 article 12 1-organizational Diversity in higher education, is assured the diversity of institutional organization. 2-in the context of its autonomy, and in accordance with the law, higher education institutions organize themselves freely and in such form as they deem most appropriate to achieving their mission, as well as the specificity of context in that fall.

Article 13 organic units 1-universities and polytechnics can understand autonomous organic units, with organs and personnel, namely: a) the teaching and teaching Units and research, hereinafter referred to as schools; b) research units; c) libraries, museums and other. 2-schools and research units may have organs of self-government and autonomy of management, in accordance with this law and the Statute of the institution. 3-organic units, on its own initiative or by determination of the Government institution can share material and human resources, as well as organize joint initiatives, including education and research projects. 4-University schools are colleges or institutes, and may also adopt other appropriate designation, pursuant to the statutes of the respective institution. 5-polytechnics schools are schools or colleges, and may adopt other appropriate designation, pursuant to the statutes of the respective institution. 6-When appropriate, subject to approval by the Minister of tutelage, preceded by a favourable opinion of the Coordinating Council of higher education, universities can integrate polytechnic schools, keeping this nature for all other purposes, including the status of the teaching career. 15 7-universities and polytechnics can create organic units out of its headquarters, in accordance with the statutes, which shall be subject to the provisions of this law and, in the case of schools, fill their requirements, in particular in the field of accreditation and registration of premises and equipment, courses and teaching staff.

Article 14 organic units and other research institutions


1-organic research units are centres, laboratories, institutes, and may adopt other appropriate designation, pursuant to the statutes of the respective institution. 2-can be created organic research units, with or without the status of organic units, attached to universities, organic units of universities, universities and other educational institutions, University colleges, polytechnics, institutes organic units and other institutions of polytechnic education. 3-can still be created joint research institutions several institutions of higher education college or Polytechnic or its organic units. 4-the provisions of this law shall be without prejudice to the application to institutions of scientific research and technological development created within higher education institutions the law that governs the activities of those, including organization, autonomy and scientific responsibility themselves.

Article 15 private legal Entities 1-public higher education institutions, by themselves or through the intermediary of its organic units, may, in accordance with its Statute, in particular by means of own revenue, create freely, by itself or in conjunction with other entities, public or private, be part of, or incorporated in its scope, private-law subsidiary entities, such as foundations , associations and companies, aimed at coadjuvá them in strict performance of their purposes. 2-under the preceding paragraph may, in particular, be created: 16 a) higher education development corporation involving own resources of higher education institutions, or organic units, and private resources; b) Consortia between institutions of higher education, or organic units and research and development institutions. 3-public higher education institutions, as well as its autonomous organic units, may delegate the entities referred to in the preceding paragraphs the execution of certain tasks, including the holding of courses not lecturers of academic degree, through protocol that set out clearly the terms of the delegation, without prejudice to their scientific and pedagogical responsibility and oversight.

Article 16 cooperation between institutions 1-higher education institutions may freely establish among themselves or with other institutions Association or cooperation agreements for encouraging mobility of students and teachers and to pursue partnerships and joint projects, including joint degrees programs pursuant to law or sharing of resources or equipment, whether on the basis of territorial aggregation , be based on criteria of sectoral aggregation. 2-The national higher education institutions can freely integrate into networks and establish relations of partnership and cooperation with foreign higher education institutions, foreign or international scientific organizations, and other institutions, in particular within the European Union, bilateral or multilateral agreements concluded by the Portuguese State, and still within the framework of the countries of Portuguese language, for the purposes specified in the preceding paragraph. 3-actions and international cooperation programmes must be compatible with the nature and the purposes of the institutions and take account of the broad outlines of national policy, particularly in the field of education, science, culture and international relations.

17 article 17 Consortiums of public higher education institutions 1-the Government may, by resolution of the Council of Ministers, on a proposal of the educational institutions concerned or on its own initiative, after hearing these, create consortia of higher education institutions aimed, inter alia, public coordination formative offer and human and material resources. 2-public higher education institutions can also wake up each other forms of coordination of their activities at the regional level, which may also be determined by the Minister of tutelage, heard those. 3-consortia or agreements referred to in paragraphs 1 and 2 shall be without prejudice to its own identity and autonomy of each institution concerned.

Article 18 associations and representative bodies 1-higher education institutions can join or cooperate among themselves for the purpose of institutional representation or for the coordination and regulation of joint activities and initiatives. 2-the law creates and regulates the official representation and coordination of higher education institutions and university higher education Polytechnic institutions. 3-the official representation of the public higher education institutions shall ensure the general representation as well as, through the appropriate mechanisms for representation of schools, the representation for areas of training. 4-under the conditions laid down in the statutes of their institution of higher education, the organic units of an institution of higher education may also be associated with organic units of other institutions of higher education for the purpose of joint coordination in the pursuit of its activities.

18 article 19 participation in education policy and research 1-higher education institutions have the right and duty to participate individually or through their representative organizations, in the formulation of national policies in the legislative projects that directly affect them. 2-organisations representing higher education institutions are heard about: a) legislative initiatives in higher education and scientific research; b) spatial planning in higher education. 3-public higher education institutions have the right to be heard in the definition of the criteria for determining the financial allocations to be granted by the State, as well as on the criteria for setting the fees of the education which give academic degrees.

Article 20 1-school social action in its relations with students, the State is directed predominantly to ensure the existence of a social welfare system that encourages school access to higher education and the practice of a frequently successful, with positive discrimination of the economically needy students with appropriate school utilization. 2-social school action ensures that no student is excluded from the system of higher education financial incapacity. 3-within the framework of the social welfare system, the State grants direct and indirect support managed flexible and decentralized. 4-social live supporting modes Are: a) scholarships; b) rescue aid. 5-Are social support indirect modes: a) access to food and accommodation; b) access to health services; 19 c) support for cultural and sports activities; d) access to other educational support. 6-Are still awarded merit scholarships to students with exceptional school utilization. 7-the State promotes the granting of support to students with special needs, including the disabled. 8-the State promotes the implementation of a system of loans for empowerment of students.

Article 21 student Associations 1-higher education institutions support the student associations, and should provide the conditions for the affirmation of autonomous associations, under the legislation in force. 2-it is for higher education institutions also stimulate artistic, cultural and scientific activities and promote spaces of experimentation and supporting the development of extra-curricular skills, including legal and social participation.

Article 22 workers-students higher education institutions create the conditions necessary to support workers-students, in particular, through forms of organisation and frequency appropriate to their education, and enhance the skills acquired in the workplace.

Article 23 former students of higher education institutions to establish and support a connection to their former students and their associations, facilitating and promoting their contribution to the strategic development of the institutions. 20 article 24 support for insertion into working life 1-it is up to the institutions of higher education, within the framework of its social responsibility: a) support the participation of students in working life in appropriate conditions to the simultaneous development of academic activity; (b) Support the integration of their) graduates in the working world. 2-Is an obligation of each institution carrying out the collection and dissemination of information on the employment of its graduates, as well as about their professional paths, based on common methodologies at national level. 3-it is for the State to guarantee the public accessibility of that information, as well as their quality and comparability.

Article 25 student Provider In each institution of higher education there is, under the conditions laid down by its statutes, a provider of student, whose action takes place in conjunction with the organs and services of the institution, in particular with the pedagogical advice, as well as with its organic units.

Article 26 tasks of the State


1-it is up to the State, in the field of higher education, carry out the tasks provided for in the Constitution and in the law, namely: a) create and maintain a network of public higher education institutions and ensure their autonomy; b) ensure freedom of creation and operation of private higher education institutions; c) Stimulate the opening to the modernisation and internationalisation of higher education institutions; 21 d) ensure high level scientific, technological, educational and cultural establishments of higher education; and) Encourage scientific research and technological innovation; f) Ensure the participation of professors and researchers and students in the management of higher education institutions; g) Ensure public disclosure of information relating to educational projects, higher education institutions and to their education; h) evaluate the scientific quality, educational and cultural education; I) Fund, in accordance with the law, public institutions of higher education and support, in accordance with the law, the private higher education institutions; j) support investment and initiatives to promote the improvement of the quality of education. 2-the State encourages lifelong learning, in order to allow for the permanent learning, access for all the citizens properly enabled to higher degrees of education, scientific research and artistic creation, and the academic and professional achievement of the students.

Article 27 1-Government Skills To the pursuit of the tasks laid down in the previous article, and without prejudice to any other powers legally provided for, it is for the Government: a) to create, modify, merge, split and extinguish public higher education institutions; b) Assign and remove the recognition of public interest to private higher education institutions. 2-it is in particular the Minister of tutelage: a) Check the requirements required for the establishment and operation of higher education institutions; b) register title of higher education; (c) Approve the statutes of) higher education institutions and their changes under the conditions laid down in article 69; (d) Approve the appointment of the Rector) or President; 22 e) Intervene in the process of fixing the maximum number of new admissions and registration pursuant to article 64; f) Promote the dissemination of information about the schools and their education; g) monitor compliance with the law and apply the sanctions contained therein in the event of infringements.

Article 28 the State funding and support 1-funding for public higher education institutions and the support to private higher education institutions is under special law. 2-the granting of public aid to private higher education institutions in compliance with the principles of publicity, objectivity and non-discrimination.

Article 29 records and advertising the Ministry of tutelage organizes and keeps updated a register of official public access, containing the following information about higher education institutions and its activity: a) higher education institutions and their relevant characteristics; b) Consortia of higher education institutions; c) education in operation leading to the attribution of academic degree and, when appropriate, for regulated professions that qualify; d) teachers and researchers; and accreditation results) and evaluation of higher education institutions and of their education; f) statistical information, in particular about openings, applicants, students, degrees and diplomas conferred, teachers, researchers, other staff, 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 order of the Minister of tutelage.

Article 30 entities serves Obligations of private higher education institutions 1-Racing serves entities of private higher education institutions: a) Create and ensure the conditions for the normal functioning of educational establishment, ensuring its administrative, economic and financial management; b) Submit the statutes of the educational institution and its amendments for approval by the Minister of tutelage; c) Affect the establishment of the teaching facilities and the appropriate equipment, as well as the necessary human and financial resources; d) Maintain valid insurance contract or establish equity for substrate appropriate coverage of maintenance of material and financial resources indispensable to the operation of the higher education institution; e) Appoint and dismiss, in terms of the Statute, the members of the management organ of the educational establishment; f) approve the activity plans and budgets prepared by the educational establishment; g) Certify their accounts through a statutory auditor; h) set the amount of tuition fees and other charges payable by the students by the frequency of cycles of studies taught in educational establishment, heard the management organ; I) Hire teachers and researchers, on the proposal of the Rector, President or director of the educational establishment, heard their scientific or technical-scientific Council; j) Hire the non-teaching staff; l) Require the accreditation and the registration of education, after consulting the scientific or technical-scientific Council of the educational establishment and the Rector, President or director; 24 m) to maintain, in conditions of authenticity and safety, academic records containing, in particular, students applying for enrollment in the educational establishment, it admitted students, registrations carried out, the final results obtained in each curricular unit, the equivalences and recognition of qualifications awarded and conferred degrees and diplomas and their classification or final qualification. 2-The entities own powers serves shall be carried out without prejudice to the educational, scientific and cultural autonomy of the educational establishment, in accordance with the provisions of the constituent instrument of the founding body and in the statutes of the establishment.

TITLE II institutions, organic units and education chapter I the form and procedure of creation of institutions article 31 1 public higher education institutions-public higher education institutions are created by decree-law. 2-the creation of institutions of public higher education follows the national planning of the public higher education network and takes into account their need and sustainability.

Article 32 private higher education institutions 1-private higher education institutions can be created by entities that are the legal form of the Foundation, association or cooperative set up specifically for this purpose, as well as by cultural and social entities that include higher education among its purposes. 25 2-private higher education establishments can also be created by entities that are the legal form of limited liability company or limited liability company set up specifically for that purpose, provided that: a) the institution is made, respectively, of all the partners, specifying the respective participations, as well as of the members of the administrative or supervisory , or list of all shareholders with significant direct or indirect shareholdings; (b)) Are reported to the competent authority at the Ministry of guardianship changes to information referred to in (a). 3-the recognition of foundations whose scope comprises the creation of higher education institutions is the responsibility of the Minister of tutelage, in accordance with article 188 of the Civil Code. 4-serves entities of private higher education institutions must meet appropriate requirements of institutional integrity and financial sustainability, offering, equity guarantees or insurances judged sufficient.

Article 33 Recognition of public interest 1-serves entities of private higher education institutions require the Minister of tutelage the public recognition of their establishments, the requirements laid down in the law. 2-the public recognition of a private higher education institution determines its integration into the higher education system, including the power to award degrees with official value. 3-Except when they profit serves entities of private higher education establishments, shall enjoy the rights and benefits of public utility corporate bodies in respect of related activities with the establishment and functioning of this establishment. 4-the operation of a private higher education institution can only take place after the public recognition and approval of their statutes. 26 5-maintenance of the assumptions of the recognition of public interest must be checked at least once every 10 years, as well as where there are indications of no checking for any of them. 6-verification of some of the assumptions of the public recognition of a private higher education institution determines the revocation of that, under this law.


Article 34 Decision on applications for recognition of public interest the decision on the applications for a public interest of a private higher education institution is issued within six months after the complete process instruction by the founding body, which includes the accreditation of education to be conducted initially in not less than the number provided for in articles 42 and 45 article 35 Form the recognition of public interest 1-recognition the public interest of an educational establishment is done by Ordinance. 2-the diploma of recognition must bear, including: a) the name, nature, and the headquarters of the founding body; b) the name and location of the educational institution; c) the nature and objectives of the educational establishment; d) education whose initial operation has been authorized. 3-Along with the recognition of public interest, are approved the statutes of the educational establishment, by order of the Minister of tutelage.

Article 36 27 operation of unrecognized establishment 1-the operation of a private higher education institution without the prior recognition of public interest under this law determines: the immediate closure of establishment); b) the irrelevance, for all intents and purposes, the teaching given in the establishment; c) the rejection of the application of automatic recognition of public interest that has been or will be presented in the next three years by the same founding body to the same or another educational establishment. 2-the measures referred to in the preceding paragraph shall be determined by order of the Minister of tutelage. 3-closure is requested administrative authorities and police officers with corresponding dispatch communication.

Article 37 Transmission, integration or fusion of establishment the transmission, integration and fusion of the private higher education institutions must be communicated prior to the Minister of tutelage, recognition may be revoked on the basis of changes in the assumptions and circumstances underlying the attribution of public recognition.

Article 38 1 installation period-the entry into operation of a university or Polytechnic Institute is, as a rule, under installation. 2-public higher education institutions the installation scheme is characterised especially by: a) If provisional statutes approved by register by the Minister of tutelage; b) organs of Government and management be freely appointed and removed by the Minister of tutelage. 28 3-organic units of public higher education institutions, the installation scheme is characterised especially by: a) If you enter for a provisional statutes approved by the General Council of the institution; b) organs of Government and management be freely appointed and removed by the Dean or President of the institution. 4-the services of the Ministry of supervision ensures a special monitoring of the institutions in the installation scheme and draw up and submit to the Minister an annual report on guardianship the same. 5-During the installation period, higher education institutions benefit from the provisions of article 46 6-installation scheme has the maximum of five academic years from the beginning of the Ministry of education. 7-up to six months before the end of the installation period institutions must trigger the process leading up to the output of the installation scheme. 8-the installation scheme may terminate at any time: a) In public higher education institutions, following the approval of its statutes drawn up in accordance with this law, and the entry into operation of the organs established in its terms; (b)) In private higher education institutions, by order of the Minister of tutelage, delivered in response to a reasoned request from its founding body.

CHAPTER II Requirements of article 39 equal 1 requirements-the creation and activity of higher education institutions are subject to the same set of essential requirements, both General and specific, depending on the University or Polytechnic nature of institutions, whether public or private education institutions. 29 2-within educational establishments of a similar nature, the requirements may be different according to the degree that those establishments are entitled to confer.

Article 40 General requirements of higher education establishments Are General requirements for the establishment and operation of an establishment of higher education the following: a) have an educational, scientific and cultural project; b) have facilities and material resources suitable to the nature of the establishment concerned, namely academic spaces, equipment, libraries and laboratories suited to education that aim to teach; (c)) have a training offer compatible with nature, University or Polytechnic, the establishment concerned; d) have a own faculty, adequate in number and in qualifying the nature of the establishment and the degrees that is enabled to give; e) ensure scientific and pedagogic autonomy of the establishment, including the existence of scientific and pedagogical direction of the establishment of organic units, when existing, and education; f) ensure the participation of lecturers, researchers and students in the Government establishment; g) Be guaranteed the high pedagogical, scientific and cultural level of the establishment; h) Ensure social work services; I) Ensure the provision of services to the community.

Article 41 1 Facilities-teaching education leading to the award of degrees can only be carried out in premises approved by the Ministry of supervision. 2-The requirements are defined by order of the Minister of tutelage. 30 article 42 universities Requirements in addition to the other conditions laid down by law, are minimum requirements for the establishment and operation of an educational establishment as a University, have the purposes and nature set out in article 6 and meet the following requirements: a) be authorized to teach at least: i) six cycles of graduate studies, two of which laboratory technician; II) six cycles of master studies; III) a course of doctoral studies, in at least three different areas are compatible with the Mission of university education; b) have a faculty that satisfies the provisions of chapter III of this title; c) have facilities with the characteristics required to the Ministry of higher education and libraries and laboratories, appropriate to the nature of education; d) Develop activities in the field of teaching and research, as well as in the creation, dissemination and transmission of culture; and) have research and development centers assessed and recognised, or participate in them.

Article 43 of the university institutes For Requirements in addition to the other conditions laid down by law, are minimum requirements for the establishment and operation of an educational establishment as a University Institute, have the purposes and nature set out in article 6 and meet the following requirements: a) be authorized to teach at least: i) six cycles of studies of Bachelor's degree; II) six cycles of master studies; III) a course of doctoral studies, 31 in the area or areas that are compatible with the Mission of university education; b) meet the requirements referred to in subparagraphs (a) (b))) of the preceding article.

Article 44 requirements of colleges in addition to the other conditions laid down by law, are minimum requirements for the establishment and operation of an educational establishment as Polytechnic Institute, have the purposes and nature set out in article 7 and meet the following requirements: a) Integrate at least two schools of different areas; b) Be allowed to teach at least four cycles of graduate studies, one of which-laboratory technician, in at least two different areas are compatible with the Mission of polytechnic education; (c)) have a faculty that satisfies the provisions of chapter III of this title; d) have installations with the characteristics required in the administration of polytechnic education and libraries and laboratories, appropriate to the nature of education; and research activities) develop.

Article 45 other requirements 1-higher education institutions can be created as other college higher education institutions teaching establishments are authorised to teach at least one course of study to Bachelor's degree and a master's degree course. 2-can be created as other establishments of higher education polytechnic schools that are allowed to teach at least one course of study to graduate. 3-higher education institutions referred to in the preceding paragraphs shall comply with the other requirements applicable to universities or colleges, according to their nature.

32 article 46 Institutions in installation scheme


1-During the installation period, universities and university institutes; the) Can deliver only half of all education referred to in subparagraph (a), respectively) of article 42 and article 43 (a)); b) with regard to the requirement set out in subparagraph (e)) article 42, need only to participate in research and development centers assessed and recognized. 2-During the installation period, polytechnics can deliver only half the education referred to in point (b)) of article 44 CHAPTER III article 47 faculty Faculty of University teaching 1-Faculty of university education institutions must meet the following requirements: a) Fill, for each course of study the requirements laid down for their accreditation in special law; b) Have, in the set of teachers and researchers to develop teaching or research activity, in any capacity, in the institution, at least one doctor for every 30 students; c) at least half of the doctors referred to in the preceding paragraph are in full-time regime. 2-teachers and researchers referred to in subparagraphs (a) (b)) and c) of the preceding paragraph: a) If in full-time scheme, can only be considered for that purpose in this institution; b) If part-time, cannot be relied upon for that purpose on more than two institutions.

33 article 48 specialization 1-polytechnic education is granted the title of specialist. 2-the title of expert proves the quality and relevance of the special job history in a particular area. 3-the conditions for the award of the title of specialist are fixed by decree-law.

Article 49 Faculty of polytechnic education institutions 1-faculty Polytechnic institutions must meet the following requirements: a) Fill, for each course of study, the requirements laid down for their accreditation in special law; b) Have, in the set of teachers and researchers to develop teaching or research activity, in any capacity, in the institution, at least one holder of the title of specialist or doctoral degree for every 30 students; (c)) in the set of teachers and researchers to develop teaching or research activity, in any capacity, in the institution, at least 15% must be doctors in full-time regime and, in addition, at least 35% must be in possession of the title of specialist, which may also be in possession of a doctorate. 2-most teachers holders of the title of specialist must develop a professional activity in the area in which it was awarded the title. 3-teachers and researchers referred to in subparagraphs (a) (b)) and c) of paragraph 1: a) If in full-time scheme, can only be considered for that purpose in this institution; b) If part-time, cannot be relied upon for that purpose on more than two institutions.

34 Article 50 faculty and Stability research of universities and colleges to ensure their scientific and pedagogical autonomy, higher education institutions must have a permanent staff of professors and researchers benefit from an enhanced status of tenure (tenure), to the extent and under the terms established in the statutes of the teaching and scientific research careers.

Article 51 Accumulations and incompatibilities of teachers 1-Faculty of public higher education institutions in a full-time regime may, when authorized by their institution, accumulate functions teachers in another higher education institution, up to a maximum set by their career status. 2-teachers of private higher education institutions may, under the conditions laid down in its Statute, accumulate functions teachers in another higher education institution. 3-the accumulation of functions teachers in private higher education institutions by professors from other institutions of higher education, public or private, requires, in addition to the legally stipulated conditions, too: a) to the competent bodies of the respective higher education institutions by the teacher; (b)) to the Directorate General of higher education higher education institutions. 4-higher education institutions may award public and private cooperation protocols aimed at accumulation of teaching functions in accordance with the preceding paragraphs. 5-faculty full-time in a public institution of higher education: a) cannot exercise functions in organs of direction from another institution of higher education; b) can be vowels of scientific, technical and scientific advice or another educational institution of higher education. Article 52 35 Faculty of higher education 1-private To private higher education teachers must be ensured within the framework of schools in providing service, a career in parallel with that of teachers of higher education crowd. 2-the staff of private higher education institutions must possess the qualifications and degrees legally required for the exercise of functions of the relevant category in public higher education.

Article 53 procurement Regime of the teaching staff of private higher education institutions hiring teaching staff to provide teaching in private higher education institutions is governed by the labour code, with the specifics that are fixed by special law, and must be the subject of collective labour regulation instrument.

CHAPTER IV Extinction, merger, incorporation and transfer from higher education institutions section 1 public higher Education article 54 internal rationalisation of public higher education 1-the State must promote the rationalization of the network of public higher education institutions and their formative offer. 36 2-network rationalization measures may include, in particular, the creation of higher education institutions, their integration, merger or closure, the change in the number of new listings or the maximum number of students and the creation, suspension or termination of the Ministry of education.

Article 55 termination, merger and integration of public higher education institutions 1-public higher education institutions are terminated by Ordinance, considered the results of the assessment and ears the organs of the institution concerned, as well as the representative bodies of the public higher education institutions. 2-in the same terms can be merged or integrated public higher education institutions. 3-the Decree-Law of extinction, merger or integration takes into account, mutatis mutandis, the principles laid down by the applicable general rules on the matter and determines measures to safeguard: the students ' rights); b) personal rights, in accordance with the law; c) documentary files.

Section II private higher Education article 56 1-voluntary Closure serves entities of private higher education institutions may carry out the closure of schools or the cessation of the Ministry of education. 2-the decisions referred to in the preceding paragraph shall include appropriate measures to protect the interests of students, which are the sole responsibility of the serves, and are subject to approval by the Minister of tutelage.

37 article 57 Merger, amalgamation or transfer 1-private higher education establishments can be merged, integrated or transferred by decision of the respective entities serves. 2-the termination or dissolution of the founding body involves the closure of their schools and the closing of education, unless the establishments are transferred to another founding body. 3-the termination of an educational establishment, in the situation referred to in the preceding paragraph, is declared by a reasoned order of the Minister of tutelage. 4-the transfer involves verification of completing the necessary requirements by the new founding body.

Article 58 the Guard documentation


1-the fundamental documents of a private education institution closed is their founding body guard, unless: a) the closure during the revocation or dissolution of the founding body; b) Circumstances related to the operation of the founding body the recommending. 2-in the cases referred to in (a)) and (b)) of the preceding paragraph, the Minister of tutelage determines which the entity to whose custody is given to basic documentation. 3-the entity to whose custody be given to basic documentation, the issuance of any educational establishment closed documents that may be required for the period of operation. 4-for the purposes of this article, the documentation corresponding to the certification of teachers and administrative activities undertaken, in particular books of minutes of direction, bookkeeping, teaching contracts, service records, books of terms and processes of students. 38 5-When these documents are required for other purposes, including judicial, of them are extracted reliable copies, carried out under the responsibility of the entity referred to in paragraphs 1 and 2.

Chapter V Creation, transformation, Division, merger and extinction of organic units article 59 Creation, transformation, Division, merger and extinction 1-the creation, transformation, Division, merger and extinction of organic units of an institution of higher education is the responsibility: the Dean's or) institution, in the case of public education institutions, within the framework of the development plan approved by the General Council; (b)) of the founding body, in the case of private education institutions, ears the establishment. 2-the creation, transformation, Division, merger and closure of schools of higher education public institutions lacks approval from the Minister of tutelage and takes into account, mutatis mutandis, the principles laid down by the General rules applicable in this matter.

Article 60 organic Subunits to the creation, transformation, Division, merger and extinction of organic units subunits of an institution of higher education shall apply the provisions of paragraph 1 of the preceding article.

CHAPTER VI education 39 article 61 Creation, accreditation and registration of 1-courses of higher education institutions shall enjoy the right to create cycles of studies aimed at conferring academic degrees. 2-the ability to create cycles of studies aimed at conferring academic degrees fit: a) In public higher education institutions, the Rector or President, heard the scientific or technical-scientific advice and the pedagogical Committee; (b)) In private higher education institutions, the founding body, heard the Rector, President or director, the scientific or technical-scientific advice and the pedagogical Council. 3-the entry into operation of education aimed at conferring academic degrees lacks accreditation by the Accreditation and Evaluation Agency for quality assurance in higher education and subsequent registration with the Ministry of supervision. 4-the system of accreditation and registration of education is common to all institutions of higher education, the education of Bachelor, master and doctoral degrees and Polytechnic University of the same nature. 5-the application for registration of the cycles of studies follows the submission of a request properly instructed under the conditions laid down by law. 6-a cycle of studies implies recognition, with general validity, the degree or degrees conferred.

Article 62 operation of unregistered studies cycles 1-the operation of a course of study for a degree without your prior record determines: a) the refusal of the application; b) the termination of the course of study; c) the impossibility to proceed to registration, or registration counterpart studies cycle, for the next two years. 40 2-provide teaching in unregistered studies cycles is not for recognition or equivalence for the purposes of the award of degrees in higher education. 3-higher education institutions have the obligation to inform clearly whether the education providing confer academic degree or not, and, if so, their registration data.

Article 63 revocation of accreditation and registration 1-failure to comply with the legal requirements or of the statutory provisions or non-compliance with the criteria for accreditation and registration of education determine its repeal. 2-the revocation of accreditation is carried out by decision of the Evaluation and accreditation agency for quality assurance in higher education.

Article 64 1-quantitative Limitations the maximum annual number of new admissions, as well as the maximum number of students that can be entered in each course of study in each school year shall be fixed annually by the institutions of higher education, in advance, taking into consideration the capabilities of each one, particularly with regard to teaching staff, facilities, equipment and financial resources. 2-the establishment referred to in the preceding paragraph is subject to the limits resulting from legal criteria laid down for the operation of schools and for the accreditation of education, including any limits that have been set out in the Act of accreditation. 3-in the case of public higher education institutions, referred to in paragraph 1 are still subject to General guidelines established by the Minister of tutelage, listen to the representative bodies of the institutions, taking into account in particular the streamlining of the formative offer, the national policy for human resources training and the resources available. 41 4-higher education institutions shall communicate annually to the Minister of tutelage the values set for the education of undergraduate and masters-level integrated pursuant to the preceding paragraphs, accompanied by the reasons therefor. 5-In case of absence of rationale expressed and enough of the values laid down, applicable legal rules infringement, or non-compliance with the General guidelines established in accordance with paragraph 3, the values referred to in the preceding paragraphs may be altered by a reasoned order of the Minister of tutelage published in the Diário da República. 6-the Ministry of tutelage the dissemination of the values set for the education of undergraduate and masters-level integrated. 7-it is not allowed the transfer of the values set in accordance with the preceding paragraphs between institutions of higher education.

TITLE III organization and management of public higher education institutions chapter I General principles article 65 organisation and management of higher education public institutions shall adopt, in accordance with the law, the model of institutional organization and management as they deem most appropriate to achieving their mission, as well as the specificity of context in that fall.

CHAPTER II article 66 42 statutory Autonomy Statutes The public higher education institutions enjoy statutory autonomy, with observance of the provisions of this law.

Article 67 of the Statute 1 Object-The statutes define the Mission of the institution, its nature and respecting the provisions of the constituent instrument, when it exists, and contain the fundamental rules of their internal organisation and functioning, scientific, pedagogical plans, disciplinary, administrative and financial, respected the provisions of this law and other applicable standards. 2-The statutes regulate, inter alia: a) The tasks of the institution; b) the structure of the organs of Government and management, the composition and the designation of its members, the duration of the mandates and modes of its termination; c) the competence of the various organs; d) the system of autonomy of organic units and the respective agencies.

Article 68 of the Statute 1 review and approval-at the time of its creation, the public higher education institutions are provided with provisional statutes approved by order of the Minister of tutelage, for slightly higher prices during the installation period. 2-the statutes of the public higher education institutions may be reviewed: the) four years after the date of publication of the last review; (b)) at any time by decision of two thirds of the members of the General Council in the effective exercise of functions. 3-amendment of the statute requires approval by a two-thirds majority of the members of the General Council. 43 4-may propose amendments to the statutes: a) the Rector or President, as appropriate; b) any member of the General Council.

Article 69 approval and publication of the Statute 1-the statutes and its amendments require government approval, which is given or refused within 60 days, by order of the Minister of legal guardianship. 2-the approval concerns the legality of the statute or its amendments, and its refusal can only be based on non-compliance with the Constitution or the law or in compliance of the process of their establishment with the provisions of this law or in statutes. 3-in the case of the revision of the Statute include measures that, according to the law, lack of protection, refusal of approval approval may be based on the rejection of that approval.


CHAPTER III article 70 academic Autonomy Autonomy in defining the mission 1-within the framework of the law of the education system and other legislation, it is for each public institution of higher education set its objectives and its programme of teaching and research, according to their vocation and the available resources, without prejudice to his creation and the achievement of the objectives contratualizados with the State. 2-it is up to each institution to decide the creation, transformation or extinction of organic units and of education, in accordance with the law, without prejudice to the need for approval or approval, protection under this law and supplementary law.

44 article 71 1-academic Autonomy of higher education public institutions enjoy cultural autonomy, pedagogical and scientific discipline, in accordance with the law. 2-schools and research units boast of academic autonomy, also including from scientific and pedagogical autonomy in accordance with the statutes of the institution to which they belong and their own statutes.

Article 72 cultural autonomy the cultural autonomy gives the institutions the ability to define its programme of training and cultural initiatives.

Article 73 scientific scientific autonomy Autonomy gives the public higher education institutions the ability to define, schedule, and execute research and other scientific activities, without prejudice to the criteria and procedures of public research funding.

Article 74 pedagogical Autonomy pedagogical autonomy gives the public higher education institutions the ability to draw up the plans of studies, define the subject of the curriculum units, set the teaching methods, affect resources, and choose the evaluation processes of knowledge, teachers and students of intellectual freedom in teaching and learning processes.

45 Article 75 disciplinary Autonomy 1-disciplinary autonomy gives the public higher education institutions the power to punish, according to law and the statutes, the disciplinary offences committed by teachers, researchers and other employees and agents, as well as by students. 2-the exercise of disciplinary power is governed by the following rules: ' disciplinary Statute) by employees and agents of the Central, Regional and Local Administration, in the case of officials and public officials; (b)) by the labour code and by the law of the legal framework of the employment contract of the public administration, in the case of staff subject to contract of employment; c) At paragraphs 4, 5 and 6, as well as in the Statute and regulation itself, in the case of students, with subsidiary application of the arrangements laid down in subparagraph (a)). 3-in the case of staff with civil servant status, the penalties have the effects provided for in the Disciplinary Status of the employees and agents of the Central, Regional and Local Administration. 4-Constitute disciplinary offence of students: a) of any fault duties provided by law, the statutes and regulations; b) the practice of acts of violence or physical or psychological coercion on other students, in particular within the framework of the ' academic ' hazing. 5-Are penalties for disciplinary offences of the students, according to their severity: a) the warning; b) fine; c) the temporary suspension of school activities; d) the suspension of school assessment for a year; and the ban on frequency) institution up to five years. 6-disciplinary authority belongs to the Rector or President, as appropriate, and may be delegated to the directors or Presidents of organic units, without prejudice to the right of appeal to the Provost or President. 46 CHAPTER IV selfgovernment and management autonomy government bodies section I Article 76 Self-government public higher education institutions have their own government agencies, pursuant to law and the statutes.

Article 77 government bodies of universities and university institutes 1-the governance of universities and university institutes is exercised by the following organs: a) General Council; b) Rector; c) Management Board. 2-to ensure the cohesion of the University and the participation of all organic units in its management, can the statutes provide for the establishment of an Academic Senate as compulsory consultation body of the Rector in matters defined in the statutes. 3-in addition to the organs provided for in the preceding paragraphs, the statutes may provide for the existence of other organs, advisory in nature.

Article 78 government agencies of polytechnics 1-the Government of colleges is exercised by the following organs: a) General Council; b) President; 47 c) Management Board. 2-in addition to the organs provided for in the preceding paragraphs, the statutes may provide for the existence of other organs, advisory in nature.

Article 79 1 institutions-the Government of the other institutions is exercised by the following organs: a) General Council; b) Director or President; c) Management Board. 2-in addition to the organs provided for in the preceding paragraphs, the statutes may provide for the existence of other organs, advisory in nature.

Article 80 scientific or technical-scientific Council and Council 1-pedagogical higher education institutions shall have the following organs: a) on the level of the schools: i) in university education, a Scientific Council and a pedagogical Committee; II) In polytechnic education, technical-scientific advice and a pedagogical Committee; b) at the level of organic research units, a Scientific Council. 2-the statutes of each institution may establish forms of cooperation and coordination between the scientific or technical-scientific advice and advice in each educational institution, or create bodies with own skills under scientific or technical-scientific and pedagogical. 3-university higher education institutions who, because they are not organized into colleges, institutes or schools, do not have a Scientific Council and a pedagogical Committee in each of these, must have a Scientific Council and a pedagogical Committee of the institution itself.

48 section II General Council article 81 1-Composition of the General Council the General Council is composed of 10 to 25 members, as the size of each institution and the number of their schools and research organic units. 2-Are members of the General Council: the) representatives of the teachers and researchers; b) representatives of the students; c) Personalities of recognized merit not belonging to or which are not in the service of the institution with expertise and experience relevant to the institution. 3-the members referred to in subparagraph (a)) of the preceding paragraph: a) are elected by all the teachers and researchers of the institution of higher education, through the system of proportional representation, in accordance with the statutes and electoral regulation, approved by the competent Dean or President; b) should constitute more than half of all the members of the General Council. 4-the members referred to in point (b)) of paragraph 2 are elected by all the students of the institution of higher education, through the system of proportional representation, in accordance with the statutes and electoral regulation, approved by the General Council. 5-the members referred to in point (c)) of paragraph 2: a) Are co-opted by the members referred to in (a)) and (b)) of paragraph 2, by an absolute majority, in terms of the Statute, on the basis of substantiated proposals endorsed by at least one third of those members; b) must be at least 30% of the total members of the General Council. 49 6-in the choice of the members referred to in point (c)) of paragraph 2 in the higher education Polytechnic institutions, should be taken into special consideration that these are especially characterized on their institutional organization by the following principles: the territorial community its insertion); b) connection to professional and business activities corresponding to their specific vocation or to certain areas of specialization, with the aim of providing a solid professional training. 7-the General Council can include, in accordance with the statutes, members elected by the non-teaching staff and not an investigator. 8-the term of Office of the members elected or appointed is four years and cannot be removed, except by the General Council, by an absolute majority, in the event of serious misconduct, in accordance with regulation of the own body. 9-The General Council members do not represent groups or sectoral interests and are independent in the performance of their duties. 10-the Provost or the President participates in the meetings of the General Council, without the right to vote.

Article 82 Competence of the General Council


1-it is the General Council: a) elect its President, by qualified majority, from among the members referred to in point (c)) of paragraph 2 of the preceding article; b) approve its rules of procedure; c) approving amendments to the statutes, in accordance with paragraphs 2 to 4 of article 68; d) organise the selection procedure and to appoint the Rector or President, under the law, the statutes and the regulations; and the principal acts) or of the President and the Board of management; f) Propose initiatives that it considers necessary for the proper functioning of the institution; g) perform other functions provided for in the law or the statutes. 2-it is the General Council, on a proposal of the Rector or President: 50 a) Approve the medium-term strategic plans and the action plan for the four-year term of Office of the Provost or President; b) to approve the General institutional guidelines in the scientific, educational, and financial assets; c) approve the annual activity plans and enjoy the annual report of the activities of the institution; d) approve the proposed budget; e) approve the consolidated annual accounts, accompanied by the opinion of the auditor; f) Propose or permit, as provided in the law, the acquisition or disposition of real estate assets of the institution, as well as credit operations; g) comment on the remaining issues that are presented by the Dean or President. 3-the decisions referred to in points (a))) of paragraph 2 must be preceded by the assessment, by the General Council of the opinion required, to prepare and approve by external members referred to in point (c)) of paragraph 2 of the preceding article. 4-the deliberations of the General Council shall be adopted by simple majority, except in cases where the law or the statutes require absolute majority or other more demanding.

Article 83 competence of the President of the General Council 1-the President of the General Council: a) call and chair meetings; b) Declare or check the seats in the General Council and make the appropriate substitutions, in accordance with the articles of Association; c) carry out other tasks entrusted to him by the statutes. 2-the President of the General Council does not interfere in the exercise of powers of other agencies of the institution, not you and represent you or speak on their behalf.

84 Article 51 General Council meetings 1-the General Council ordinarily meets four times a year, in addition to special meetings convened by its Chairman, either on his own initiative, at the request of the Rector, or President of the institution, or a third of its members. 2-by decision of the General Council, may participate in the meetings, without the right to vote: a) the directors of the organic units; b) Personalities invited to speak on subjects of his specialty.

Section III Rector and President Dean's Functions and Article 85 of the President 1-the Rector of the University or College, or Institute of the Polytechnic Institute is the top organ of Government and external representation of the respective institution. 2-the Rector or President is the policy organ of the institution, and chairs the Management Board.

Article 86 1 Designation-the Dean or the Chairman is appointed by the General Council under the terms established by the statutes of each institution and in accordance with the procedure laid down in the regulation. 2-the selection process is the responsibility of the General Council and includes, in particular: a) the appointment of a Committee to conduct and streamlining the process; b) public announcement of the opening of nominations; c) submission of applications; 52 d) public hearing of each candidate by the General Council, with presentation and discussion of its programme of action; and the development of an assessment) on the merits of each candidate. 3-can be designated a university rectors: a) professors and researchers of the top category, the institution itself or from other national institutions of university education or research; b) Teachers and researchers from universities or institutions of foreign research. 4-may be appointed Presidents of a Polytechnic Institute: a) professors and researchers of the top category, the institution itself or from other national institutions of higher education or research; b) professors and researchers of higher education institutions or foreign research; c) Individuals of recognized merit and relevant professional experience. 5-cannot be appointed Rector or President:) Who is in the situation of retired; b) Who has been convicted of disciplinary, financial or criminal offence in the exercise of public functions or professionals; c) Who incur in any other ineligibility provided for in the statutes. 6-the Minister of tutelage may only refuse, in respect of the appointment of the Rector or President ineligibility based on illegality of the designation process in violation of rules and general principles of the code of administrative procedure.

Article 87 1-term of Office the term of Office of the Provost or President has the duration of four years and may be renewed once only, in accordance with the statutes. 2-In case of early termination of the mandate, the new Dean or President begins new term.

53 article 88 Vice-Chancellors and Vice Presidents 1-the Dean and the President are assisted, under the conditions laid down by the statutes of the institution, by Vice-Rectors or Vice-Chairpersons, respectively, a maximum number of three. 2-The Vice-Presidents and Vice-Presidents are appointed by the Rector and the President freely, and may be outside the institution. 3-The Vice-Presidents and Vice-Presidents may be removed at any time by the Dean or President and his term of Office ceases with the cessation of the mandate this. 4-the statutes may create other forms of coadjuvação of the Rector and the President.

Article 89 the Dean's and President's Dismissal 1-in a situation of gravity to the life of the institution, the General Council convened by the President or by one third of its members can decide, by a two-thirds majority of its members, the suspension of the principal or of the President and, after due administrative procedure by the same majority, his dismissal. 2-the decisions to suspend or dismiss the Provost or the President can only be voted upon at meetings specifically convened for the purpose.

Article 90 exclusive dedication 1-the positions of Rector and President is exercised under exclusive dedication. 2-When are teachers or researchers of their institution, the rectors, Presidents, Vice-Presidents and Vice-Presidents are exempted from the faculty or service, subject to investigation, on its own initiative, so that they can provide.

54 article 91 Rector and replacement of the President 1-When the temporary incapacity of the Rector or President, assumes his duties the Vice-Chancellor or Vice-President designated by him, or, in the absence of such indication, the oldest. 2-in case the situation of disability continues for more than 90 days, the General Council shall decide on the advisability of the appointment of a new Dean or President. 3-In case of vacancy, resignation or permanent incapacity of the Rector or President, should the General Council determine the opening of the procedure for selection of a new Dean or President within eight days.

Article 92 jurisdiction of the Provost and President


1-the Dean or the Chairman directs and represents the University, the Graduate Institute or Polytechnic Institute, respectively, namely: a) prepare and submit to the Council proposals for General: i) the medium-term strategic plan and action plan for the four-year term of Office; II) General institutional guidelines in the scientific and pedagogical plan; III) Plan and annual activity report; IV) budget and consolidated annual accounts, accompanied by the opinion of the auditor; v) acquisition or disposition of real estate assets of the institution, and credit operations; b) approve the creation, transformation or extinction of organic units; c) approve the creation, suspension and termination of courses; d) approving the maximum values of new admissions and registration referred to in article 64; 55 e) Superintend in academic management, deciding, inter alia, the opening of tenders, the appointment and hiring of personnel, at any title, description of the juries of competitions and academic evidence; f) Guide and oversee the administrative and financial management of the institution, ensuring efficiency in the use of its means and resources; g) to approve the fees for the registration, completion or repetition of tests and other acts to provide services to students; h) Assign support for students within the framework of the social work school, under the law; I) Approve the granting of titles or honours; j) Instituting school awards; l) Approve the elections and names of the members of the management organs of the organic units with government agencies own and may refuse only based on illegality, and give them possession; m) to appoint, in accordance with the law and the articles of Association, the directors of the organic units without government agencies own; n) to appoint, in accordance with the law and the statutes, the administrator and the leaders of the services of the institution; the) Exercise disciplinary authority in accordance with the provisions of this law and in the by-laws; p) ensure compliance with the resolutions taken by the schoolgirls of the institution; q) approve the regulations provided for in the law and in the Charter, without prejudice to the regulatory power of the organic units within the framework of its own powers; r) ensure compliance with the laws, statutes and regulations; s) Propose initiatives that it considers necessary for the proper functioning of the institution; t) perform other functions provided for in the law and in the by-laws; u) notify the Minister of all data required for the performance of this, namely the plans and budgets and the annual activity reports. 2-Fit the Provost or the President all powers which by law or by the statutes are not assigned to other bodies of the institution. 56 3-the statutes of the institution, in order to ensure the best operation of organic units: a) Establish what the powers of the Rector or President, within the framework of the schools with their own bodies and management autonomy, are committed to the school's own; b) may provide for the assignment of some of the powers of the Rector or President to the organs of other organic units; c) may provide that the exercise of certain powers is necessarily preceded the hearing of other organs. 4-the Provost or the President may, in accordance with the law and bylaws, delegate Vice-Rectors or Vice-Presidents and management organs of organic units the skills that are necessary for more efficient management.

Article 93 Direction of other institutions 1-the directors or Presidents of the other institutions of higher education are designated in accordance with article 86 2-the directors or Presidents may be assisted, in accordance with the procedure laid down by the statutes, by Deputy or Vice-Chairmen, a maximum number of two. 3-the directors and Deputy Directors or Presidents or Vice-Presidents shall apply the provisions of the preceding articles concerning rectors and Presidents and Vice-Presidents and Vice-Chairmen, respectively.

Section IV Management Board 57 Article 94 of Council Composition 1 management-the Management Board is appointed and chaired by the Rector or President, as appropriate, being composed of a maximum of five members, under the conditions laid down in the statutes of the institution, including a Vice Dean or Vice President and the administrator. 2-can be invited to participate, without the right to vote, in meetings of the Management Board, the directors or Presidents of organic units, as well as those responsible for the services of the institution.

Article 95 the Council 1 management-the Management Board lead to administrative, financial and equity of the institution, as well as the management of human resources, and apply the legislation in force for the public with administrative autonomy. 2-it is the responsibility of the Management Board to approve the fees payable for the registration of the students. 3-the Management Board may, in accordance with the statutes, delegate in the organs of organic units and services leadership skills considered necessary to more efficient management.

Section V Government and management of organic units with their own bodies and management autonomy Statutes article 96 1 organic units-schools and the organic research units with their own bodies and management autonomy have own statutes, in compliance with the law and the statutes of the institution. 58 2-the statutes are approved by the General Council of the organic unit. 3-the bylaws require approval by the Rector or President, as appropriate, to verify their legality and their compliance with the statutes and regulations of the institution.

Article 97 Structure of schools and the organic research units referred to in the preceding article, may adopt, mutatis mutandis, in accordance with the statutes of the institution and of the Statute of the unit, the same structure of organs of the institutions to which they belong, established in accordance with the previous sections.

Article 98 the General Council of the organic unit the statutes of the institution may assign to the General Council of the organic units referred to in article 96 some of the powers of the General Council of the institution under the organic unit.

Article 99 Financial Oversight if they are provided with financial autonomy, the organic units shall be subject to the supervision of financial surveillance authority of the institution to which they belong.

Article 100 the director or President of the organic unit Competes to the director or President of the organic unit: the) representing the organic unit before the other agencies of the institution and to the outside; b) preside over the Council of management, driving the organic unit services and approve the necessary regulations; 59 c) approving the timetable and schedule of teaching tasks, heard the scientific or technical-scientific advice and the pedagogical Committee; d) Execute the deliberations of the Council with scientific or technical-scientific and pedagogical Council, when binding; e) Exercise disciplinary authority that is assigned by statute or delegated by the Rector, or President of the institution; f) draw up the budget and the business plan, as well as the accounts and activity report; g) exercise the other functions provided for in the law or the statutes; h) perform the functions delegated to it by the Dean or President of the institution.

Article 101 simplified Organization in schools and in the organic research units of smaller size and complexity, the statutes of the institution must provide a simplified organisational structure.

Section VI Scientific Advice, scientific and pedagogical and technical article 102 composition of scientific or technical-scientific Council


1-in the University education, in universities, in their schools, universities and institutes in the other universities, the Scientific Council shall be composed of: a) elected representatives, under the conditions laid down in the statutes and in regulation of the organic unit, at all: i) Teachers and researchers of career; II) Other teachers and researchers in full-time scheme, with contract of duration not less than one year, who are holders of a doctoral degree, regardless of the nature of their link to the institution; 60 b) representatives of recognized research units and evaluated in accordance with the law, when there are chosen under the conditions laid down in the statutes and in regulation of the organic unit, in number no less than 20% of the total of the Council. 2-most of the members referred to in subparagraph (a)) of the preceding paragraph is chosen from among professors and researchers. 3-polytechnic schools, the scientific-technical Council comprises elected representatives, under the conditions laid down in the statutes and in regulation of the organic unit by all: the career teachers); b) treated as teacher in full-time regime under contract with the school for more than five years; c) Teachers with a doctorate, under full-time contract duration of not less than one year; d) representatives of recognized research units and evaluated in accordance with the law, when there are chosen under the conditions laid down in the statutes and in regulation of the organic unit, in number no less than 20% of the total of the Council. 4-organic research drives, the Scientific Council is composed of elected representatives, under the conditions laid down in the statutes and in regulation of the organic unit by all: a) professors and researchers of career; (b)) Other teachers and researchers on a full-time contract of duration not less than one year, who are holders of a doctoral degree, regardless of the nature of their link to the institution. 5-the statutes may provide for the possibility of the scientific or technical-scientific advice be also integrated by invited members from among professors or researchers from other institutions or personalities of recognized competence in the framework of the Mission of the institution. 6-the scientific or technical-scientific Council is composed of a maximum of 25 members. 7-When the number of eligible persons is less than the established in the Statute, the Board is composed by all the same, without prejudice to the provisions of paragraph b) of paragraph 1. 61 8-the statutes have on the Presidency of the scientific or technical-scientific Council, and may opt for their attribution to the director or President of the organic unit.

Article 103 competence of the scientific or technical-scientific Council 1-it is the scientific or technical-scientific Council, namely: a) to draw up its rules of procedure; b) Appreciate the scientific activities plan of the unit or institution; c) comment on the creation, transformation or extinction of organic units of the institution; d) decide on the distribution of the teaching service, subject to the approval of the Dean or President or director or President of the school, as appropriate; and) decide on the establishment of education and approve the plans of studies of education administered; f) propose or comment on the grant of titles or honours; g) propose or comment on the institution of school prizes; h) propose or comment on the realization of agreements and international partnerships; I) Propose the composition of juries and academic competitions; j) Practicing the other acts referred to in the law relating to teaching and research career and recruitment of teaching staff and research; l) perform the other functions assigned to him by law or by the statutes. 2-the members of the scientific or technical-scientific Council cannot give its opinion on matters relating to: a) related to the career of teachers with higher category to your; b) invitations to tender or evidence in respect of which possess the qualifications to be opponents.

62 Article 104 1-pedagogical Council the pedagogical Committee consists of an equal number of representatives of the Faculty and students of the institution or school, elected under the terms established in the Statute and regulation. 2-the statutes have about the pedagogical Council Presidency and may opt for their attribution to the director or President of the organic unit.

Article 105 the pedagogical Council of the pedagogical Committee: a) pronounce on the pedagogical guidelines and the methods of teaching and evaluation; b) promote regular surveys to the educational performance of the organic unit or of the institution and its analysis and dissemination; c) Promote the achievement of pedagogical performance assessment of teachers, for these students, and their analysis and dissemination; d) Enjoy complaints concerning educational failures; and the regulation of evaluation) to approve the use of students; f) comment on the system of requirements; g) decide on the establishment of education and about the plans of education administered; h) comment on the institution of school prizes; I) comment on the academic calendar and the maps of the organic unit or institution; j) Exercise the other powers are conferred by law or by the statutes.

Section VII Incompatibilities and impediments 63 article 106 independence and conflicts of interest 1-holders and members of the Government and management of the public higher education institutions are solely in the public interest of its institutions and are independent in the performance of their duties. 2-The rectors and Vice-Rectors of universities and the Presidents and Vice-Presidents of polytechnic institutes, the directors or Presidents of their organic units, as well as the directors and Deputy Directors or Presidents or vice presidents of the other institutions of higher education, may not belong to any government agencies or management of other higher education institutions, public or private. 3-the members of the organs of public higher education institutions cannot be holders or members of government agencies or management of other higher education institutions, public or private. 4-the statutes define the remaining incompatibilities and impediments of holders or members of the public higher education institutions. 5-check for any incompatibility causes the loss of the mandate and the ineligibility for any other position in the institution during the period of eight years.

Section VIII 107 remuneration Remuneration Regime of the holders of the organs of Government and the management remuneration regime of the holders of the organs of Government and the management of public higher education institutions and its organic units is fixed by Ordinance, ears the representative bodies of the institutions.

Chapter V Asset Management, administration and finance section I common rules Article 64 108 management autonomy public higher education institutions enjoy patrimonial, administrative and financial autonomy, in accordance with the law.

Article 109 autonomy of assets


1-public higher education institutions enjoy autonomy of assets. 2-Is property of each public institution of higher education in all of the assets and rights which have been transmitted by the State or by other public or private entities, for the attainment of its purposes, as well as the property acquired by the institution itself. 3-Integrate the heritage of each public institution of higher learning, namely: a) the properties for this acquired or constructed, even on land belonging to the State, after, as the case may be, the entry into force of law No. 108/88 of 24 September, and of law No. 54/90, of 5 September; b) the real estate of the private domain of the State which, in legal terms, have been transferred to their heritage. 4-public higher education institutions can administer public or private domain goods from the State or other territorial collectivity that they have been provided by the holder, under the conditions laid down in the law and in the protocols signed with the same entities. 5-public higher education institutions can purchase and lease land or buildings which are essential to its operation, in accordance with the law. 6-public higher education institutions may freely dispose of his assets, with the limitations laid down in the law and their statutes. 65 7-alienation, the Exchange and the encumbrance of assets or the disposal of the right of authorization lack surface by joint decree of the Minister responsible for finance and the Minister of tutelage. 8-The real estate belonging to the assets of the institutions of public non-university higher education and who have ceased to be necessary for carrying out the tasks and competencies of the institution are, except when constructed or purchased through the unique capability to own revenue or acquired by donation, embedded in the State's heritage, by joint decree of the Minister responsible for finance and the Minister of tutelage , heard the institution. 9-the percentage of proceeds from the sale of immovable heritage of public higher education institutions that reverts to these shall be fixed by joint decree of the Minister responsible for finance and the Minister of tutelage and:) is used for capital expenditure; (b)) may not be less than 50%; c) can be up to 100% when it is intended exclusively for the construction, rehabilitation or purchase of goods intended for activities of teaching, research or development. 10-public higher education institutions maintain updated the inventory of his estate, as well as the registration of property of the public or private domain of the State who have their care.

Article 110 administrative autonomy 1-public higher education institutions enjoy administrative autonomy, while their acts subject only to judicial review, except in cases provided for by law. 2-in the performance of its administrative autonomy, public higher education institutions can:) to issue regulations in the cases provided for in the law and their statutes; b) Practice administrative acts; c) administrative contracts. 66 3-except in cases of urgency, duly justified, the approval of the regulations is preceded by the dissemination of projects and their discussion by stakeholders during the period of one month.

Article 111 1 Financial Autonomy-public higher education institutions enjoy financial autonomy, in accordance with the law and their statutes, managing financial resources freely according to criteria you set, including the annual funds assigned to them in the State budget. 2-within the framework of financial autonomy, public higher education institutions: a) shall draw up multiannual plans; b) draw up and execute their budgets; c) Effect and charge the own resources; d) Authorise expenditure and carry out payments; and) perform all the changes, except those which are within the competence of the Assembly of the Republic and those which are not compatible with the allocation of revenue enshrined. 3-public higher education institutions may make, since covered by own resources, insurance of movable and immovable property and also of illness and risk of its employees, agents and other workers who move in, service abroad, or foreign dignitaries, with transitional nature, pay any type of functions. 4-foreign currency expenses of public higher education institutions can be paid directly by the Bank for these services more appropriate and efficient considered.

67 article 112 budget transparency The public higher education institutions have the duty to inform the budgetary stability and assurance of mutual solidarity, as well as the duty to provide the community, accessible and rigorous form, information about your financial situation.

Article 113-1 Guarantees the budgetary regime of the public higher education institutions in compliance with the following rules: a) reliability of estimates of revenue and expenditure, certified by the auditor; b) consolidation of the budget and the accounts of the institution and its organic units; c) efficiency in the use of the financial resources available; d) obligation to notify, the Minister responsible for finance and the Minister of tutelage, estimated management and instruments of accountability; e) subjection to supervision and inspection of the Ministry responsible for 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 provisions in the law regarding the balanced budget and public finance discipline. 4-the rules applicable to public higher education institutions about the balanced budget: the 68) Are, for those who already adopt the Official Plan of public accounting for the Education Sector and that have certified the accounts listed in the paragraph 2 of article 84 of law No 91/2001, of 20 August, as amended by organic law No. 2/2002 , 28 August, and by the laws No 23/2003, of July 2 and 48/2004, 24 August, notwithstanding the concomitant application of paragraphs 3 and 4 of article 25 of the same degree, in accordance with the criteria laid down by joint decree of the Minister responsible for finance and the Minister of tutelage; b) Are, for the rest, the constants of article 25 of law No 91/2001, of 20 August. 5-in case of failure to comply with the provisions of the preceding paragraph the public higher education institutions may be penalised in the subsequent financial year, within the framework of the implementation of the budget, with the deduction in the transfer from the State budget that would have right to a value equivalent to 100% of the deficit registered, without prejudice to the financial responsibility in question. 6-In case of unjustified non-compliance of information duties provided for in this article, as well as the respective time limits, can be held up to 10% of the twelfth of current transfers from the State budget for each month of delay. 7-Are null and void and entail financial liability decisions that determine or authorize the making of illegal or expenses without budget coverage.

Article 114 1-management balances are not applicable to public higher education institutions the legal provisions which prescribe the obligation of reinstatement in Treasury Management balances from appropriations transferred from the State budget. 2-the use by public higher education institutions of balances from appropriations transferred management of the State budget does not require authorization by the Minister responsible for finance and the Minister of tutelage. 69 3-changes to private budgets of public higher education institutions which result in application of balances of management doesn't require authorization by the Minister responsible for finance and the Minister of tutelage.

Article 115 Recipes


1-Constitute revenue from public higher education institutions: a) The appropriations allocated to them by the State; b) The revenue from the payment of tuition and other fees from frequency of education and other training activities; c) revenue from research and development activities; d) income from intellectual property rights; and) income from its own or having the enjoyment; f) revenues derived from the provision of services, issuing opinions and the sale of publications and other products of their activity; g) subsidies, subsidies, contributions, donations, legacies and bequests; h) proceeds from the sale or lease of immovable property, when authorized by law, as well as of other goods; I) interest on deposit accounts and the remuneration of other financial investments; j) The account balances of previous years; l) the product of rates, fees, fines, penalties and any other revenues legally caused by them; m) the product borrowed funds; n) other income provided for in law. 2-public higher education institutions may have recourse to credit under the terms established by law, upon authorization by joint decree of the Minister responsible for finance and the Minister of tutelage. 3-with the exception of appropriations transferred from the State budget and accounts balances from appropriations by the State budget, can the public higher education institutions to deposit in any Bank all other recipes that scoop. 70 4-the income referred to in the preceding paragraph are managed by public higher education institutions through their private budgets, according to criteria you set. 5-The financial applications of each public institution of higher education shall be carried out at the Treasury, except for a value that does not exceed 25% of its total amount. 6-the principle of non-assignment of revenue does not apply: a) The revenue of the State budget for the financing of expenses or specific projects; b) revenues that, under the law or agreement, which are intended to cover certain expenses.

Article 116 tax exemptions for public institutions of higher education and its organic units are exempt, in the same way as the State, taxes, charges, costs, fees and stamps.

Article 117 auditor financial management of public higher education institutions is controlled by a sole auditor appointed from among statutory auditors or audit firms, by joint decree of the Minister responsible for finance and the Minister of tutelage, heard the Rector or President, and with the competences set out in the framework law of public institutes.

71 article 118 financial control 1-without prejudice to the audits be performed by the State, sent the public higher education institutions should promote external audits to be carried out by auditing firms of recognised merit per se contracted for this purpose. 2-external audits take place every two years, and a report to the first half of the term of Office of the Provost or President and the following precede in three months the end of the corresponding mandate. 3-The audit reports referred to in the preceding paragraphs, as well as the annual reports of the Auditor, are sent to the Minister responsible for finance and the Minister of tutelage.

Section II Personal Article 119 general principles 1-Each public institution of higher learning should have the human resources necessary for the performance of their tasks, without prejudice to the outsourcing of services. 2-it is up to the institutions of public higher education recruitment and promotion of its teachers and researchers, as well as other staff, in accordance with the law. 3-the system of teaching and research is defined in law.

Article 120 of the frames 1-the number of units of teaching staff, research and another of each public institution of higher education shall be fixed by order of the Minister of tutelage by applying criteria established by decree-law. 72 2-the distribution of vacancies of the tables for the different categories, in the case of teaching and research, and the different careers and categories, in the case of other staff, is made for each public institution of higher education, without prejudice to the Minister of tutelage could fix by order, general rules on this matter.

Article 121 limits to nomination and hiring 1-the maximum number of teachers, researchers and other staff, irrespective of the applicable legal regime, that each public institution of higher education may appoint or hire, is fixed by order of the Minister of tutelage by applying criteria established by decree-law. 2-is not subject to any limitations, in particular those referred to in the preceding paragraph, the recruitment of staff under contract of employment whose charges are met exclusively through own resources, including in these the pertaining to research and development projects, whatever their provenance.

Article 122 duration of individual contracts of employment the length of individual contracts of employment caused by the development of projects not included in normal activities of higher education institutions can be identical to these projects.

Article 123 1 Administrator-public higher education institutions have an administrator, chosen from persons with knowledge and experience in the area of management, responsible for the day-to-day management 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 the Rector or President. 73 3-the administrator is a member of the Board of management and has the powers to be laid down by statute and delegated by the Rector, or President. 4-the maximum exercise of functions as administrator may not exceed ten years.

Section III specific rules regarding the management autonomy of the institutions of public higher education Article 124 autonomy of assets the property of the private domain of the State that have been transferred to the assets of the institutions of higher education and who have ceased to be necessary for the performance of its duties and responsibilities, are embedded in the State's heritage by joint decree of the Minister responsible for finance and the Minister of tutelage , heard the institution.

Article 125 personnel and personnel costs 1-public university education institutions manage freely their human resources, taking into consideration their needs and the principles of sound management and in strict respect of its budgetary availabilities, being subject to the limitations laid down pursuant to paragraph 1 of Rule 121 2-for the purposes of monitoring the evolution of expenditure on staff , public university education institutions refer quarterly to the Minister responsible for finance and the Minister of tutelage the following elements: a) staff costs, including retainer contracts, and to purchase services with individuals; b) Number of admissions personnel, at any title, and retirements, terminations and other forms of termination of employment; 74 c) Justification of any spending increases that result from wage updates, compliance with legal obligations or transfer of powers from the central Government. 3-information to be provided in accordance with the provisions of the preceding paragraph shall be submitted under the conditions laid down by the Ministry responsible for finance. 4-In case of unjustified non-compliance of the information duties provided for in this article, as well as the respective time limits, can be held up to 10% of the twelfth of current transfers from the State budget for each month of delay.

Section IV Article 126 organic units management autonomy of organic units 1-schools and the organic research units may be endowed with administrative and financial autonomy or, in accordance with the statutes of the institution and the scope on them. 2-the allocation of the financial autonomy of public colleges organic units is granted by order of the Minister of tutelage and depends on the satisfaction of the criteria adopted by this Ordinance, which will include, inter alia, the level of own resources. 3-where appropriate, for greater efficiency in the management of human and financial resources of the institutions of higher education, the respective Chancellors or Presidents may: a) Reallocating staff, researcher and another between organic units; b) Redistribute budgetary resources between organic units. 4-The decisions provided for in the preceding paragraph require a prior opinion of the General Council.

75 article 127 administrator or Secretary of organic unity


1-the schools with their own bodies and management autonomy may provide, under the conditions laid down by the statutes, an administrator or Secretary, named service, and freely exonerated, by the director or President of the organic unit. 2-the administrator or Secretary of the organic unit has responsibilities and powers are laid down by statute or delegated by the director or President of the organic unit.

Section V school social work services Article 128 day-care services 1 school-each University and public Polytechnic Institute has a service designed to ensure the functions of social action, without prejudice to possible sharing by several institutions, of the same service. 2-these services: a) enjoy administrative and financial autonomy, under the terms and framework defined by law and the statutes; b) are subject to checks by the single tax and their accounts are consolidated with the accounts of the institution of higher education. 3-the leader of this service: a) is chosen among people with knowledge and experience in the field of management; b) has the powers and responsibilities which are laid down by statute and delegated by the Rector, or President. 4-the maximum duration of the exercise of such functions as leader of this service cannot exceed 10 years. 5-the management of services to students, such as canteens and residences, can be leased by resolution of the Board of management of the public institution of higher education, preferably in the Student Union. 76 6-in other public higher education institutions, the school social work functions can be provided through the service of a university or Polytechnic Institute, under the conditions laid down in Protocol between the two institutions.

CHAPTER VI public higher education institutions of foundational nature article 129 1 Foundation-Upon reasoned proposal of the Rector, adopted by the General Council, by an absolute majority of its members, universities and public university institutes may require the Government to its transformation into public foundations under private law regime. 2-the institutional change may still have as their object: a) a school or an organic research unit of a University, with the consequent separation and institutional empowerment; b) the creation of a new institution resulting from the recovery of organic units of several universities and public research institutions and public or private development. 3-in the case referred to in point (a)) of the preceding paragraph, the request must be presented through reasoned proposal, approved by a majority vote of the General Council or the organ with equivalent functions, accompanied by the opinion of the institution. 4-in the case referred to in point (b)) of paragraph 2, the creation of the new institution may result from Government initiative, ears the organs of the institutions involved, or of an initiative like this. 5-the transformation of an institution in public foundation under private law regime should be based on the advantages of the adoption of this model of management and legal framework for the pursuit of its objectives. 6-the proposal should be instructed with a study about the implications of this institutional transformation on the Organization, management, financing and the autonomy of the institution or unit. 77 7-going on the Government agreement on institutional transformation is executed an agreement between this and the entity undergoing transformation, encompassing, inter alia, the draft of the institution, the development program, the statutes of the Foundation, the basic organic structure and the transition process, as well as the circumstances in which it can operate its return to foundational not regime , including through the possible establishment of a break-in period subject to specific evaluation. 8-the creation of the Foundation is done by Ordinance, which also approves the statutes of the same. 9-the creation of the Foundation can also be decided by the Government, subject to the provisions of paragraph 6, or of entities involved, subject to the provisions of paragraphs 6 and 7, in the case of the creation of a new institution that does not lead to institution transformation before.

Article 130 of the Heritage Foundation 1-the assets of the Foundation shall consist of the assets of the University concerned or, in the case of an organic unit of a University, the assets of the University that was assigned specifically to their tasks, under the conditions laid down by the legislation to proceed to the creation of that. 2-the State may contribute to the assets of the Foundation with additional assets or other resources. 3-in the creation of the Foundation, can contribute to their heritage.

Article 131 directors of 1 Foundation-the Foundation is managed by a Board of Trustees consisting of five personalities of high merit and professional experience recognised as especially relevant. 2-the Trustees are appointed by the Government on a proposal of the institution. 3-the exercise of the functions of curator is not compatible with a concurrent employment with the institution. 78 4-the trustees have a mandate of five years, renewable once only, and may not be removed by the Government without a justified reason. 5-the first composition of the Board of Trustees, the term of Office of two, choosing by lot, is only three years. 6-the Foundation has a single tax that applies the provisions of article 117 Article 132 1 Autonomy-public higher education institutions of foundational nature have autonomy in terms of other public higher education institutions mutatis mutandis arising out of that nature. 2-the establishments have their own statutes approved by the Board of Trustees of the Foundation, on a proposal from a House with the composition provided for in article 172 3-the statutes are subject to Government approval, in the same terms that the statutes of the other public higher education institutions. 4-the disciplinary jurisdiction over the teaching and research staff, as well as the students, is the responsibility of the organs of the establishment in the same way as for all other public higher education institutions. 5-the provisions of article 116 also applies to public higher education institutions of foundational nature.

Article 133 1 establishments-organs the organs of higher education establishments are chosen in accordance with the composition and competencies required for all other public higher education institutions mutatis mutandis and with the exceptions given in the following paragraphs. 2-it is the Board of Trustees: a) to appoint the Management Board on a proposal from the Dean, director or President; 79 b) Approve the resolutions of the General Council of appointment and dismissal of the Dean, director or President; c) exercising the competence referred to in article f) of paragraph 2 of article 82; d) Accredit the deliberations of the General Council referred to in points (a))) of paragraph 2 of article 82 Article 1 legal framework 134-the foundations are governed by private law, particularly as regards its financial management, assets and personnel, with the exceptions set out in the following paragraphs. 2-the system of private law shall not affect the application of the constitutional principles relating to the Public Administration, in particular the pursuit of the public interest, as well as the principles of equality, impartiality, justice and proportionality. 3-the personal scheme is the scheme of the contract of employment, and may the imposition, in the framework of the management of its human resources, create their own careers to its teaching staff, researchers and others, respecting generally, when appropriate, the parallelism in the cast of categories and qualifications in relation to that applicable to the teaching staff and researcher of public higher education institutions. 4-the provisions of the preceding paragraph is understood to be without prejudice to the safeguard regime of the public function that enjoy the employees and agents of the institution of higher education prior to his transformation into a foundation.

135.3 Access and ticket public higher education institutions of foundational nature can select their students through their own criteria and procedures laid down in the appropriate legislation.

80 Article 136 1-Financing the financing of State institutions provided for in this chapter is defined by means of multi-annual contracts, of duration not less than three years, according to performance targets. 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 by the Minister of tutelage. 3-the system of students ' tuition is set by the law governing this matter in relation to public higher education institutions.

137 social work students of school institutions of higher education referred to in this chapter are covered by school social action in the same terms of students of higher education institutions.


TITLE IV organization and management of private higher education institutions chapter I introductory provisions article 138 1-Organization principles the founding body organizes and manages their educational establishments, in particular in the fields of economic and financial management. 2-educational institutions enjoy educational, scientific and cultural autonomy. 3-can not be holders of the organs of the schools holders of the founding body. 81 4-the exercise of disciplinary authority over teachers and other staff and students the founding body, preceding a prior opinion of the educational establishment, or delegation of powers in the organs of disciplinary establishment.

Article 139 Fees and other charges tuition fees and other charges payable by the students by the frequency of the educational establishment are set by the founding body, the Steering organs of ears establishment, having to be known and appropriately publicised in all its aspects before the registration of the students.

CHAPTER II Article 140 Statutes Statutes and regulations 1-the founding body of private higher education institution must give it statutes which, in respect of the law, define its objectives: a); (b)) the scientific, cultural and educational project; c) organic structure; d) the form of management and organization that adopts; and) Other fundamental aspects of its organization and functioning. 2-The Statutes contemplate the participation of teachers and students in the management of educational institutions, in particular the scientific and pedagogical aspects teachers and students in the pedagogical aspects. 3-in accordance with the statutes, the competent organs of the schools approve its internal regulations.

82 Article 141 1-status reserve the statutes of each educational institution listed, in addition to the previous article, the rules to which they obey the relationships between the founding body and the educational establishment, as well as the other fundamental aspects of the Organization and operation of this, namely the form of appointment and the term of Office of the holders of its organs. 2-the statutes, shall be included in the Education Minister, the definition of the system of license plates, registration, and frequency of assessment of students, as well as the rights and obligations of students. 3-the statutes of educational establishments concerned, pursuant to law, the teaching career of each educational establishment, containing, inter alia, the definition of the rights and duties of staff, resolution of the careers and the rules of evaluation and career development.

Article 142 approval and publication 1-statutes the statutes of the private higher education institutions and their changes are subject to Government approval, in accordance with the present law, to verify their compliance with the law or regulation, with the constituent instrument of the founding body and with the degree of recognition of the public interest. 2-the founding body requires the approval of the Statute and its amendments, instructing the process with all other relevant documents, without prejudice to the Minister of tutelage can request clarification or additional documentation. 3-after approval, the founding body does publish in the 2nd series of the Diário da República the statutes of the educational institution, as well as all subsequent changes.

CHAPTER III 83 autonomy of private higher education institutions Article 143 independence 1 sheds-The private higher education institutions enjoy cultural, scientific and pedagogical autonomy. 2-is applicable to private higher education institutions in this regard the provisions of chapter II of title III.

CHAPTER IV Article 144 Organization organizational structure 1-private higher education institutions have, of the following organs: the) principal, in the case of a university or College, or Institute President, in the case of a Polytechnic Institute, designated from among individuals which satisfy the provisions of paragraphs 3 and 4 and paragraph 1 (b)) and c) of paragraph 5 of article 86; b) Director, President or Board of Directors, in the case of the other establishments of higher education; c) scientific or technical-scientific Council and pedagogical Council, in accordance with articles 102 and 104 2-Except on disciplinary grounds, holders of establishment can only be removed with the purpose to produce at the end of the school year. 3-organic units, when they exist, have a director or Chairman of the organic unit, appointed by the founding body upon the proposal of the Rector or President of the establishment. 4-other than those referred to in the preceding paragraph, the statutes may provide for other organs, in particular advisory and technique. 84 145 Scientific Advice, scientific and pedagogical and technical scientific councils, scientific-technical and pedagogical of private education institutions shall apply the provisions of articles 102 to 105 to the corresponding organs of public higher education institutions.

Article 146 Participation of teachers and students 1-the participation of teachers and students at academic management of private higher education institutions should be ensured through the representation of teachers in scientific or technical-scientific advice and teaching and students in the pedagogical Council. 2-participation system must also ensure that faculty representatives, through the scientific or technical-scientific Council, to be heard by the founding body and the Rector, President, director or President of the organic unit on matters relating to the administration of the educational establishment.

Title V evaluation and accreditation, inspection, supervision and accountability of higher education institutions chapter I evaluation and accreditation Article 147 assessment and accreditation of higher education institutions 1-higher education institutions must establish, in accordance with its statutes, mechanisms for regular self-assessment of their performance. 85 2-higher education institutions and their organic units, as well as their pedagogical and scientific activities, are subject to the national system of accreditation and evaluation in accordance with law, and complying with the legal obligations and cooperate with the competent authorities.

CHAPTER II supervision and inspection article 148 Monitoring higher education institutions are subject to the powers of State surveillance, and collaborate readily with the loyal and competent authorities.

Article 149 1 Inspection-higher education establishments are subject to the inspection of the Ministry of supervision. 2-The competent services of the Ministry of supervision shall carry out inspection visits regularly to all educational establishments in operation, and may be accompanied by experts in the relevant areas. 3-The inspection reports are notified to the educational establishment and, in the case of private schools, the founding body.

CHAPTER III Supervision Article 86 150 Supervision 1-the power of guardianship on higher education institutions is exercised by the Government Department with responsibility for the higher education sector, with a view, in particular, law enforcement and the protection of the public interest. 2-it is the tutelary instance, apart from the specific powers assigned by this law: a) Meet and decide which resources interposition is provided for in express legal provision; b) practice the other acts provided by law. 3-it is also the Minister of tutelage summon elections to the organs of higher education institutions, as well as triggering the procedure of appointment of the Rector or President, if the competent organs do not in due time.

And (4) delegation of powers the Minister of tutelage may delegate or sub-delegate powers in the Dean or President of public higher education institutions.

Article 152 1 crisis situations-in the case of situations of serious institutional crisis of public institutions which cannot be overcome in the context of its autonomy, the Government, by reasoned order of the Minister of tutelage, heard the Coordinating Council of higher education, may intervene in the institution and take appropriate measures, including the suspension of statutory bodies and the appointment of an independent person to the management of the institution , to the extent and for the time strictly necessary to restore institutional normality and rebuild as soon as possible the self-rule of the institution. 87 2-no intervention can affect cultural, scientific and pedagogical autonomy of the institution, nor undermine the academic freedom or the freedom to teach and learn within the institution.

Article 153 compulsive Closure


1-Constitute causes of compulsive closure of institutions of higher education, by Government's determination: a) the fulfilling of requirements necessary for their operation; b) in the case of private higher education institutions, no checking for some of the assumptions of its recognition of the public interest; (c) institutional assessment seriously negative); d) operation in conditions of serious institutional or pedagogical degradation. 2-the closing procedure is instructed by the competent departments of the Ministry of supervision and takes place by reasoned order of the Minister of tutelage, published in the second series of the Diário da República, which lays down the conditions and time limits in which the same should take place. 3-the ministerial decision should be preceded by the hearing of those responsible for the educational establishment and, in the case of private institutions, of the founding body, under penalty of nullity. 4-the compulsory closure of schools can be requested administrative authorities and police, with the corresponding dispatch communication. 5-Can also be given compulsory closure of a organic unit or a course of study which are authorized in one of the situations referred to in paragraph 1.

88 Article 154 1-preventive measures In case of failure to comply with the provisions of this decree-law, institutions or when serious disturbances occur in the operation of schools, can the Minister of tutelage: a) warning to the institution, or the formal founding body, whether or not accompanied by the fixing of deadline for the normalization of the situation; b) Suspend the authorization of education; c) Suspend tuition activities of the institution for a period not exceeding three months. 2-the application of the measures provided for in the preceding paragraph should be preceded by a hearing of the institution or of the founding body. 3-the provisions of paragraph 1 shall be without prejudice to the provisions of articles 152 and 153, or the imposition of the sanctions provided for in the law.

Article 155 1-Conversion When an institution of higher learning has ceased to meet the respective requirements laid down in articles 39 to 46, can the same be converted, by order of the Minister of tutelage, in institution of higher learning with a different nature, respect the relevant requirements, with obligation to amend its statutes and, where appropriate, of its name. 2-the procedure referred to in the preceding paragraph includes the reporting by the competent service of the Ministry of supervision and the prior entities subject to hearing.

Article 156 students ' interests Safeguard In case of closure of compulsive educational establishments, organic units or education, the Ministry of guardianship determines the necessary measures to safeguard the interests of students. 89 CHAPTER IV Responsibility article 157 liability of institutions of higher education 1-higher education institutions are patrimonially liable for damage caused to third parties by the holders of its organs, employees or agents, in accordance with the law, without prejudice to the academic and scientific freedom. 2 – recipients of organs, employees and agents of public higher education institutions are responsible civilly, disciplinary, financially and criminally for the infringements attributable to them in general terms.

Court of Auditors article 158 higher education institutions are subject to the jurisdiction of the Court of Auditors in accordance with the general law.

Annual Report article 159 higher education institutions approve and do publish a consolidated annual report on its activities, accompanied by opinions and deliberations of the competent organs, giving considers, among other things: the degree of compliance of) strategic plan and annual plan; (b) the achievement of objectives); c) the efficiency of the administrative and financial management; d) the evolution of the financial situation and of the sustainability of the institution; and) of teaching and non-teaching staff; f) the evolution of admissions and the frequency of cycles of studies administered; g) Of academic degrees and diplomas conferred; 90 h) the employability of its graduates; I) of the internationalization of the institution and the number of foreign students; j) external service delivery and partnerships established; l) self-evaluation procedures and external evaluation and its results.

Article 160 1 Accounts-public higher education institutions must submit an annual report of consolidated accounts with all its organic units. 2-the report referred to in the preceding paragraph must include the clarification of cost structures, differentiating teaching and research activities for the various types of careers, in order to ensure best practices in accounting and registration of the cost structures of educational institutions and research.

Article 161 1 Transparency-higher education institutions offer on your website all the elements relevant to the full knowledge of the education offered and degrees conferred, research performed and services provided by the institution. 2-Between the elements provided include, the self-evaluation reports and external evaluation of the institution and its organic units, as well as of their education.

Information and publicity article 162 1-schools obligatorily mentioned in their informative documents intended for public broadcast and in its advertising content need public recognition, authorizations for the operation of education and recognition of degrees. 2-Must be made available and sufficient information on the following aspects: the 91) Mission and objectives of the institution; b) statutes and regulations; c) organic units; d) education in operation, which confer degrees and curricular structure; e) Faculty, link to the imposition scheme and provision of services; f) School Evaluation Scheme; g) titles of accreditation and assessment results of the institution and of their education; h) rights and duties of students, including all fees and taxes to pay for these; I) school social work services; j) and indices of school failure, as well as employability of education administered; l) other elements provided for by law or the statutes.

Chapter V Fees Article 163 1 Fees-due fees to pay for higher education institutions in the following procedures: a) recognition of public interest of the private higher education institutions; b) register of education; c) other acts provided by law. 2-the amount of the fees is set by diploma.

92 CHAPTER VI of mere social ordering Unlawful Article 164 in particular Unlawful


1-Are punishable with a fine of EUR 100 000 to EUR 10000 or 1000 euros to EUR 5000, according to apply to collective entity or natural person, the following offences: a) the functioning of an institution of higher education or education in franchise scheme; b) the operation of a private higher education institution without the prior recognition of public interest; c) the functioning of higher education institution which incidentally no longer fulfils the conditions required for its establishment and operation; d) the operation of organic units outside the headquarters of the institution of higher education without completing the respective requirements; and) the operation of schools in public education institution without ministerial approval; f) running course of study that seeks to confer academic degree without the your prior registration; g) it follows from applying the Statute not approved; h) violation of rules concerning the composition of the organs of Government and management of the institutions, as well as of the scientific or technical-scientific advice and teaching; I) omission of publishing the annual report referred to in article 159 2-is punishable with a fine of EUR 2000 to EUR 20000 or 500 euros to 5000 euros, according to apply to collective entity or natural person, the following offences: a) the use of an unregistered name, as well as the use of a name legally reserved for particular higher education institution by an institution of another nature; 93 (b)) standard on offences article 106 conflicts of interest and the exercise of any positions in the institution of higher learning in violation of rules on incompatibilities or impediments contained in other laws and bylaws; c) refusal of cooperation with the competent bodies in the framework of the external evaluation of higher education; d) refusal or obstruction to the exercise of the activity of the inspection of the Ministry of supervision; and) refusal of cooperation or obstruction to the exercise of the supervisory activity of the State; f) public availability of information referred to in article 162; g) providing the Ministry of tutelage of false information or incomplete information which may lead to erroneous conclusions of identical or similar to the effect that would have false information about the same subject. 3-the attempt and negligence are punishable.

Article 165 fulfilment of omitted obligations where the offence resulting from the omission of a duty, the payment of the fine or the accessory sanction enforcement do not exempt the offender from the line of duty, if this is still possible.

Article 166 penalties Together with the fines provided for in article 164, can be applied the following penalties: a) revocation of recognition; b) removal from Office of the holders of the responsible bodies; c) ineligibility the allowance or benefit granted by entities or public services; d) seizure and confiscation of the object of the infringement and of the economic benefit from its practice; 94 e) publication by the competent service of the Ministry of supervision of the final punishment, at the expense of the offender.

Article 167 1 process Competence-competence for the illicit processes of mere social ordering set out in this decree-law belongs to the competent service of the Ministry of supervision. 2-it is the responsibility of the Minister of the decision of the guardianship process. 3-in the course of the investigation or of the statement, the competent service of the Ministry of tutelage may ask police authorities and any other public services or authorities all the cooperation or assistance that it deems necessary for the accomplishment of the purposes of the proceeding.

Article 168 product of the fines the proceeds of fines goes to the Social Action Fund for higher education.

Article 169 supplementary law is applicable in the general scheme of the mere social ordering illegal.

TITLE VI of the higher education Coordinating Council Article 170 of Council Mission Coordinator of higher education the higher education Coordinating Council has the task of advising the Member of Government responsible for higher education in the field of higher education policy.

Article 171 95 Composition, mode of operation and competencies of the higher education Coordinating Council composition, mode of operation and competencies of the Coordinating Council of higher education are defined in own diploma.

TITLE VII transitional and final provisions chapter I transitional provisions article 172 new statutes 1-within six months from the entry into force of this law, the institutions of higher learning should carry out the review of its statute so as to conform them to the new legal regime. 2-in the case of public higher education institutions, the new statutes are approved by an Assembly constituted for that purpose, with the predicted composition to the General Council with 15 members, eight representatives of the teachers and researchers, two representatives of the students and five external personalities. 3-the election and co-option of members are carried out in accordance with regulation approved by the Senate or the General Council in Office according to the existing legal regime on the date of entry into force of this law. 4-the Assembly shall elect its Chairman from among one of the personalities external to that referred to in paragraph 2. 5-the Assembly may appoint a Committee charged with drawing up a draft statute, be subject to discussion and approval of the Assembly. 6-in the process of elaboration of the Statute, the Assembly shall hear the existing organs of the institution and the institutional representatives of teachers, researchers, other workers and students. 96 7-the Dean or President of the institution participates in the meetings of the Assembly in their own right, without the right to vote. 8-the rules of the Statute shall be adopted by an absolute majority of the members of the Assembly, the same and should occur with your final approval. 9-in the case of private higher education institutions, the new statutes are approved by the competent organ of the founding body, listen to the organs of the educational establishment. 10-The new statutes should be approved and published in accordance with the procedure laid down in this law. 11-the Rector or President to promote the implementation of the new model of organisation and management arising from this law. 12-in the case of unjustified non-approval of the statutes within the prescribed period, it shall be deemed, for all legal purposes, the institution is in a situation of institutional degradation under article 153 Article 173 1-organic units in the process of elaboration and approval of the statutes, the public higher education institutions shall carry out the streamlining of its organic units, by in particular, mergers and extinctions that are appropriate. 2-in the process of streamlining referred to in this article, the institutions must comply with the General guidelines for streamlining the network approved by the Government.

Article 174 renewal of mandates 1-members of the new organs of the institutions must be elected or designated, as appropriate, within six months following the publication of the new statutes, ceasing so the mandate of the organs. 2-the holders of mandates that end after the publication of the new statutes remain in Office until the inauguration of the new organs in accordance with the preceding paragraph. 97 3-exceptionally, the statutes may provide that the Deans or Presidents of the institutions, as well as the directors or Presidents of the organic units whose mandates have not finished when the publication of the complete statutes already within the term of the new statutes. 4-The consecutive terms of a Rector or President of an institution, as well as the director or President of the organic unit, may not exceed eight years, including this time the mandates in identical functions under legal regimes prior to this law.

Article 175 heritage of public higher education institutions in the 18 months following the publication of this law the public higher education institutions shall update the inventory of your entire real estate heritage and heritage of the State to which they are assigned, as well as justify the need for the purposes of the institution.

Article 176-aware Procedures public interest with the publication of this law shall be suspended all procedures for the recognition of public interest of private higher education institutions, which must be renewed by observing the requirements laid down in this law.

Article 177 the foundational scheme


1-within three months on the entry into force of this law, the Assembly referred to in paragraph 2 of article 172 may, by decision taken by an absolute majority of its members, request, in accordance with article 129, the passage of the University founding regime. 2-the presentation of the request referred to in the preceding paragraph shall suspend the counting of the period referred to in paragraph 1 of article 172 98 3-the directors or Presidents of the organic units can promote the formation of an ad hoc Assembly, with the composition laid down in paragraph 2 of article 172, to decide, by an absolute majority within three months on the entry into force of this Act , on the presentation of a proposal for transformation of organic unit in accordance with article 129 Article 178 Accumulations to the amendment of the statutes of the teaching careers, the limit referred to in paragraph 1 of article 51 is 6 tuition hours per week.

CHAPTER II final provisions article 179 public higher Education especially in the case of public higher education institutions, this law shall be without prejudice to the special regime of the institutions of higher education and military officer, as well as the Open University, without prejudice to their application subsidiary.

Article 180 Catholic University and other canonical establishments this Act applies to the Portuguese Catholic University and other higher education institutions established by canonical entities, without prejudice to the special features arising from the Concordat between Portugal and the Holy See.

99 Article 181a access to higher education the criteria for fixing the disciplines on which must cover the evidence of capacity for the frequency of cycles of studies of Bachelor's degree or master's integrated in a given area are approved by order of the Minister of tutelage, heard the National Commission of access to higher education, where national policy objectives of human resources training and the overall coherence of the system.

Article 182 Article 1 set-Standard Are repealed the following laws: the) Law No. 108/88 of 24 September (autonomy of Universities); b) Law No. 54/90, of 5 September (status and autonomy of higher education Polytechnic), as amended by laws Nos 20/92, of 14 August, and 71/93, of 26 November; c) Law No. 1/2003, of 6 January (the legal framework for the development and the quality of higher education), as amended by Decree-Law No. 74/2006, 24 March; d) Article 17 of law No. 37/2003, of 22 August (lays the Foundation of higher education funding), as amended by law No. 49/2005, of 30 August; e) Decree-Law No. 293/90, of 21 September; f) articles 12 to 17 of Decree-Law No. 129/93, of 22 September; g) status of Private and cooperative higher education, approved by Decree-Law No. 16/94, of 22 January, changed, by ratification, through law No. 37/94, of November 11, by Decree-Law No. 94/99, of 23 March, and by Decree-Law No. 74/2006, 24 March; h) Decree-Law No. 24/94, of 27 January, corrected by corrigendum No. 38/94, of 31 March; I) Decree-Law No. 252/97 of 26 September. 2-Are derogated from the other rules which contradict the provisions of this law. 100 3-revocation referred to in subparagraph (i)) of paragraph 1 is understood to be without prejudice to the application of the provisions in paragraphs 2 and 3 of article 3 of Decree-Law No. 252/97, of 26 September, when has not yet occurred. 4-While is not published the regulatory procedure degree of public recognition of the private higher education institutions, shall remain in force in this respect the provisions of the status of Private and cooperative higher education in everything that does not contradict this law.

Article 183 Fitness 1-fit the requirements referred to in articles 47 and 49 should be carried out by higher education institutions, public and private, within 18 months of the entry into force of this law, under penalty of revocation of authorisation of operation of their education. 2-private higher education institutions, as well as their respective serves entities, shall for appropriateness to the provisions of this act as to the respective requirements within 18 months on its entry into force, under penalty of revocation of the recognition of public interest and the operation of education.

Article 184.º entry into force this law shall enter into force 30 days after its publication, except that depend on the approval of the new statutes of the institutions of higher education and entry into operation of the new organs.

Seen and approved by the Council of Ministers of June 16 2007 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency