Law No. 144 Of 27 July 1999 Amending And Completing Law No. 88/1993 On Accreditation Of Institutions Of Higher Education And Recognition Of Diplomas

Original Language Title:  LEGE nr. 144 din 27 iulie 1999 pentru modificarea şi completarea Legii nr. 88/1993 privind acreditarea instituţiilor de învăţământ superior şi recunoaşterea diplomelor

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071629/-lege-nr.-144-din-27-iulie-1999-pentru-modificarea-i-completarea-legii-nr.-88-1993-privind-acreditarea-instituiilor-de-nvmnt-superior-i-recunoaterea-d.html

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Law No. 144 of 27 July 1999 amending and completing law No. 88/1993 on accreditation of higher education institutions and recognizing PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 361 of 29 July 1999, the Romanian Parliament adopts this law.


Article 1, law No. 88/1993 on accreditation of higher education institutions and the recognition of diplomas, as published in the Official Gazette of Romania, part I, no. 307 of 27 December 1993, changed and completed as follows: 1. Article 2 shall read as follows: Art. 2.-(1) higher education institutions operate on the principle, in accordance with the criteria and standards for academic assessment and accreditation as provided for by law.

(2) institutions of higher education are under the law, universities, institutes, academies and the like. "
  

2. Article 3 shall read as follows: Art. 3. — (1) the process of accreditation of institutions of higher education comprises two phases: the provisional operating authorization), granting the right of organisation of the admission and conduct of educational process;
  

b) accreditation, which grant the right to hold the license examination, diploma or, where applicable, graduation and to issue diplomas recognized by the Ministry of national education.
  

(2) ensuring the quality of the educational process is done through periodic evaluation.
  

(3) the assessment shall be carried out at the level of University specialists and/or institutional structures. Assessment of the institutional structures for departments, colleges, faculties and/or higher education institutions.
  

(4) the process of academic assessment is achieved through internal assessment within the institution, and by the external evaluation carried out by the National Council for academic assessment and accreditation, according to the law. "
  

3. In article 4, paragraphs (1), (3) and (7) shall read as follows: Art. 4. — (1) for the purpose of evaluation and accreditation of higher education institutions in order to ensure the quality of the educational process, it establishes the National Council for academic assessment and accreditation, under parliamentary control. The Council responsible for the assessment panels, profiles, and/or specializations. "
"(3) the list of candidates for the National Council for academic assessment and accreditation is made by the Ministry of national education on the basis of proposals from the Senate approved institutions and shall be made public. Appeals to this list shall be submitted to the Ministry of national education within 15 days from publication. After appeals to the National Ministry of education definitive list of candidates and shall submit it to the Government. "

(7) the National Council for academic assessment and Accreditation establishes and appoints evaluation commissions for their members from among the faculties Councils proposed by the specialists from accredited higher education institutions. "
  

4. Article 5 shall read as follows: Art. 5. — (1) the procedure for authorisation of provisional operation comprises the following operations: a) the institution concerned in the Organization and activities of higher education shall prepare a self-evaluation report for each specialization, based on general criteria referred to in this law; self-evaluation report is attached to the request submitted to the Ministry of national education, to check the legality of the request; It shall forthwith transmit self-assessment report the National Council for academic assessment and accreditation;
  

b) rating boards. "". (7) the assessment reports have been drawn up on the basis of self-evaluation report and analysis of verification of the fulfilment of the standards corresponding to the general criteria referred to in the law, as well as visits to the applicant institution;
  

c) National Council for academic assessment and accreditation or establish its report, based on the evaluation reports of the committees and subordinate to its own findings, proposes granting or not granting, where appropriate, the authorization for the operation for each faculty, college or specialization; the report by the National Council for academic assessment and accreditation shall be forwarded to the Ministry of national education and the requesting institution;
  

d) on the basis of the report of the National Council for academic assessment and accreditation and the opinion of the Minister, the Ministry of national education of the draft decree of the Government, and the Government grant the requesting institution the authorization of operation for faculties, colleges and majors that meet the standards laid down in this law.
  

(2) the establishment of an institution of higher education by the Division shall be made by law, upon the proposal of the University Senate of the institution concerned, after evaluation and accreditation procedures.
  

(3) the establishment of an institution of higher education institutions through the reunion and/or departments shall be made by law, upon a proposal by the Senate of the University of the institutions concerned, following the procedures of evaluation and accreditation.
  

(4) the institution of higher education established pursuant to paragraph 1. (2) or (3) must have at least a college accredited language Romanian, from triggering the procedure of incorporation. "
  

5. Article 6 shall read as follows: Art. 6. — (1) the procedure for the accreditation at the request of the institution of higher education, faculties concerned colleges and majors that meet the conditions and standards required by law.

(2) the date of filing of the application shall not exceed two years from the date of completion of the third, after obtaining promotions running, under penalty of removal of the provisional authorisation for the operation.
  

(3) the National Council for academic assessment and accreditation, together with subordinate committees, shall draw up an evaluation report, based on which the Government has initiated the draft law on the establishment of the institution of higher education with specialization faculties, colleges and proposed for accreditation. "
  

6. Article 7 shall read as follows: Art. 7. — (1) In the case of a negative evaluation reports for all the faculties, colleges and majors, by decision of the Government withdrawing the authorisation of provisional operation institution, this delving into the winding process, starting with the first year.

(2) In the case of a negative evaluation reports only for a part of the faculties, colleges and majors, by decision of the Government withdrawing the authorisation of operation for them, which they are in the process of winding up, since I. "
  

7. Article 9 shall read as follows: Art. 9. — (1) the faculties, colleges and majors of higher education institution shall be subject to periodic, of 5 in 5 years, academic evaluation by the National Council for academic assessment and accreditation. In the event of an unfavorable report, the Ministry of national education higher education institution warns about the faculty, college or specialized training in the cause and, after one year, on the basis of a new negative assessment, by order of the Minister of national education, ordering the termination of enrollment in college or faculty, specialization in the case, starting with the first year.

(2) the accredited Specializations for which are not submitted periodic reports to evaluate within a period of not more than one cycle of schooling from the date of entry into force of the present law shall enter into liquidation. The Ministry of national education is obliged to notify the institution of higher education with at least 6 months prior to the expiry of the period for the submission of their respective reports.
  

(3) In the first 5 years after getting accreditation, institutions of higher education newly established shall be subject, where appropriate, checks annual National Council for academic assessment and accreditation, which monitors the fulfilment of the standards of accreditation. For these checks shall not levy charges. "
  

8. In article 10, after paragraph 2, insert (3) with the following contents: "(3) the official abolition Act of an institution of higher education shall cover, in accordance with the law, students and material situation."
9. Article 11 shall be repealed.
10. Article 12 shall read as follows: Art. 12.-Faculties, colleges and majors from higher educational establishments in operation on 22 December 1989 are subject to periodic academic assessment procedures, in accordance with the provisions of art. 9. "11. Article 13 shall read as follows: Art. 13.-(1) the expenses relating to the organisation and functioning of the National Council for academic assessment and accreditation commissions subordinate, as well as experts use are set out in the budget.

(2) institutions interested in organizing and carrying out an activity of higher education paid at date of application fees for each phase of the accreditation procedure for each faculty, College and specialization, in the amount of ten monthly salaries gross Professor of State education, with seniority.
  

(3) to evaluate academic periodicals as referred to in art. 9 para. (1) the fee is three gross monthly salary of a University professor from public education with maximum seniority for each College, Community College times.
  

(4) for the evaluation of advanced studies programs or master's degree, the fee is a gross monthly salary of a University Professor with seniority.
  

(5) the fee shall be deposited into the account of the National Council for academic assessment and accreditation. "
  

12. Article 14 shall read as follows:

"Art. 14.-license Exam or degree or, as the case may be, graduation, backed at the institutions, faculties, colleges and accredited specializations, is carried out according to general criteria approved by the Ministry of national education and the specific criteria approved by the University Senate. "
13. Article 15 shall read as follows: Art. 15.-the diplomas awarded by higher education institutions for graduates, colleges or universities accredited specializations are recognized by law by the Ministry of national education. "
14. Article 17 shall read as follows: Art. 17. right of organisation of postgraduate education, including doctorates, only accredited higher education institutions that meet the conditions established by law. "
15. Article 18 shall read as follows: Art. 18. The National Council Reports-academic assessment and accreditation, as well as the opinion of the Minister of national education are brought to consciousness and institutions applying for the Organization and conduct of an activity of higher education. The opinion shall be forwarded to the Minister of national education and the National Council for academic assessment and accreditation. "
16. In article 19, paragraph (2) shall read as follows: "(2) the criteria relate to fundamental areas of organisation and functioning of higher education institutions in specific: teaching staff, education, material content, research and financial activity, institutional, administrative and managerial staff, in accordance with the law."
17. In article 20, paragraphs (3) to (5) shall read as follows: "(3) in order to obtain the authorization of the provisional operating institution must have every specialization at least 70% of the posts established in accordance with the legal norms, covered with titularizate teachers in higher education after the legal norms and at least 20% teachers with the title of Professor and associate professor, engaged with the norm or the status of a teacher.

(4) in order to obtain accreditation institution of higher education shall have the faculty, College and specialization, at least 50% of the total stations with teachers or with reserved titularizate in higher education after the legal norms, and of these, at least 20% to be professors and associate professors.
  

(5) in order to obtain accreditation of personnel management higher education institution (rector, Vice-Rector, Dean, Vice-Dean), as well as heads of Department must be teaching staff with the basic rule in the institution and to have the rank of Professor or Associate Professor tenured. "
  

18. In article 21, paragraph (1) shall read as follows: Art. 21. — (1) the operating permit for provisional accreditation and educational plans must include compulsory subjects, optional and voluntary, according to the standards laid down at national level by the Ministry of national education, on the proposal of the National Council for academic assessment and accreditation. "
19. Article 22(3) shall read as follows: Art. 22. The organization of the study-formations (series, groups, subgroups) is done with due regard for legal norms. "
20. In article 24, paragraphs 4 to 6 shall read as follows: "(4) for accreditation, in addition to fulfilling the other conditions provided for by law, it is necessary that at least 51% of the total of the first three batches of graduates to promote licensing exam or degree or, as the case may be, graduation, within the time prescribed in art. 6 paragraph 1. (2) for each series of rate of graduates within the time limit laid down in article 21. 6 paragraph 1. (2) must be at least 40%.

(5) where the conditions set out in paragraph 1. (4) are not complied with, the faculty, college or entering the specialization process of winding since I.
  

(6) during the period of the provisional operating institution of higher education shall comply with the standards that gave rise to the granting of the authorization. Higher education institutional structures and operating conditions of the specializations for which they were given provisional authorization of operation can be changed only if the resumption of assessment procedures. The National Council for academic assessment and accreditation, as well as other public authorities which are empowered by law to perform checks whenever it deems necessary, without charging fees. In the event of failure to observe the conditions laid down in this law shall apply to the provisions of paragraph 1. (5)."
  

21. In article 26, after paragraph (1) shall be inserted in paragraph (2) with the following contents: "(2) in order to obtain the authorization of the provisional operation or accreditation institution of higher education must prove that features academic and management structure, appropriate to each stage."
22. Article 27(2) shall read as follows: Art. 27.-periodic in assessing academic faculties, colleges and specializations, where appropriate, they must meet the standards set for the accreditation process and other legal notices. "
23. Article 29(3) shall read as follows: Art. 29.-Through accreditation recognizes the validity of the entire activities of higher education institutions up to the date of grant thereof. "
24. Article 31 shall read as follows: Art. 31. — (1) may conduct higher education and may use the names of University, Institute, Academy of education or similar only higher education institutions authorized to work temporarily or accredited.

(2) Conduct of activities by higher educational establishments, as well as assuming the name of the University, in the sense of higher education institution, or risk-taking qualities and academic duties are punishable under criminal law.
  

(3) the provisions of paragraphs 1 and 2. (2) shall apply to the institutions and activities of higher education, which is in liquidation, who withdrew the right schooling onwards, in accordance with the law.
  

(4) institutions of higher education activity are required to display, at prominent position, through which they were provisionally accredited or approved as appropriate.
  

(5) the appeal bodies of criminal prosecution shall be carried out by the Ministry of national education, the National Council for academic assessment and accreditation or by any other natural or legal person which is considered moderately broad, in his rights by operation of this institution. "
  

25. In article 32, paragraph (1) shall read as follows: Art. 32. — (1) the framework of teaching as the basis to a State educational institution or private can conduct teaching activities, regardless of the form of employment at other institutions of higher education, in accordance with the provisions laid down by law and with the Charter of the University. "
26. In article 34, paragraph (1) shall read as follows: Art. 34. — (1) the pursuit of higher education activities and release of education documents, under conditions other than those laid down by this law for the civil or criminal liability, where applicable, those culprits. "
27. In article 34, after paragraph 2, insert (3) with the following contents: "(3) the charging of school fees and the release of the studies carried out under conditions other than those laid down in this law for the civil or criminal liability, where applicable, those culprits."
28. After article 34 article 34 shall enter ^ 1 with the following content: "Art. 34 ^ 1. -(1) is considered a specialty for which disbanded, for various reasons, the institution has not briefed within since I, a minimum period of time equal to one cycle of schooling. Resuming activity at such specialization implies a new authorisation procedure.

(2) the abolition of the institution of higher education shall be made at the time of termination of its activity for various reasons or where it is established that the institution carrying out activities hostile to Romanian State or in violation of the laws and the Constitution. "
  


Article 2 Law No. 88/1993 on accreditation of higher education institutions and the recognition of diplomas, as amended by this law, will be republished in the Official Gazette of Romania, part I, posing a new texts.
This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 1 July 1999, in compliance with the provisions of art. 74 para. (1) and art. 76 para. (2) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ION DIACONESCU SENATE PRESIDENT PETRE ROMAN — — — — — — — — — — — — —