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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

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LEGE no. 144 144 of 27 July 1999 to amend and supplement Law no. 88/1993 on the accreditation of higher education institutions and the recognition of diplomas
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 361 361 of 29 July 1999



The Romanian Parliament adopts this law + Article 1 Law no. 88/1993 on the accreditation of higher education institutions and the recognition of diplomas, published in the Official Gazette of Romania, Part I, no. 307 of 27 December 1993, shall be amended and supplemented as follows: 1. Article 2 shall read as follows: "" Art. 2. -(1) Higher education institutions operate on the principle of non-profit, in accordance with the criteria and standards of academic evaluation and accreditation provided by law. (2) Higher education institutions are, under the law, universities, institutes, study academies and similar ones. " 2. Article 3 shall read as follows: "" Art. 3. -(1) The accreditation process of higher education institutions includes two phases: a) the authorization of provisional operation, which grants the right to organize the admission and conduct of the educational process; b) accreditation, which also grants the right to organize a bachelor's, diploma or, as the case may be, graduation and to issue diplomas recognized by the Ministry of National Education. (2) The quality assurance of the educational process is done through regular evaluation. (3) The evaluation is done at the level of university specialisations and/or at the level of institutional structures. The evaluation at the level of institutional structures is done for departments, colleges, faculties and/or higher education institutions. (4) The academic evaluation process is carried out by internal evaluation, within the respective institution, and by external evaluation carried out by the National Council for Academic Evaluation and Accreditation, according to the law. " 3. In Article 4, paragraphs 1, 3 and 7 shall read as follows: "" Art. 4. -(1) In order to assess and accredit institutions of higher education, to ensure the quality of the educational process, the National Council for Academic Evaluation and Accreditation is established, under parliamentary control. The Board shall have in subordinate evaluation committees on fields, profiles and/or specializations. " ............................................................................. " (3) The list of candidates for the National Council for Academic Evaluation and Accreditation is made up by the Ministry of National Education based on the proposals of the senate of accredited institutions and is made public. Appeals to this list shall be submitted to the Ministry of National Education within 15 days of publication. After solving appeals the Ministry of National Education completes the list of candidates and submits it to the Government. " ............................................................................. (7) The National Council for Academic Evaluation and Accreditation shall establish the evaluation committees and appoint their members from among the specialists proposed by the faculty councils of accredited higher education institutions. " 4. Article 5 shall read as follows: "" Art. 5. -(1) The authorization procedure for the provisional operation shall include the following operations: a) the institution interested in the organization and conduct of higher education activities shall develop a self-assessment report for each specialization, based on the general criteria contained in this law; the self-assessment report shall be attached at the request submitted to the Ministry of National Education, which verifies the legality of the application; b) the evaluation committees referred to in art. 4 4 para. ((7) draw up evaluation reports based on the analysis of the self-assessment report and the verification of compliance with the standards corresponding to the general criteria contained in the law, as well as through visits to the requesting institution c) The National Board of Academic Evaluation and Accreditation elaborates its own report, based on the evaluation reports of the subordinate commissions and its own findings, in which it proposes to grant or, as the case may be, the failure to grant provisional functioning for each faculty, college or specialization; the report of the National Council for Academic Evaluation and Accreditation is submitted to the Ministry of National Education and the requesting institution; d) based on the report of the National Council for Academic Evaluation and Accreditation and the Minister's opinion, the Ministry of National Education elaborates the draft Government decision, and the Government grants the requesting institution the operating authorization provisional for the faculties, colleges and specializations meeting the standards provided for in this Law. (2) The establishment of a higher education institution by division shall be made by law, at the proposal of the university senate of the respective institution, after going through the evaluation and accreditation procedures. (3) The establishment of a higher education institution by bringing together institutions and/or faculties is made by law, at the proposal of the university senates of the institutions involved, after going through the evaluation and accreditation procedures. (4) The higher education institution established according to par. ((2) or (3) must have at least one accredited faculty with teaching in Romanian, at the beginning of the establishment procedure. " 5. Article 6 shall read as follows: "" Art. 6. -(1) The accreditation procedure shall be triggered at the request of the higher education institution concerned, for the faculties, colleges and specializations that meet the conditions and standards provided by law. (2) The deadline for submitting the application may not exceed 2 years from the date of completion of the third promotion, after obtaining the provisional operating authorization, under the sanction of lifting the provisional operating authorization. (3) The National Council for Academic Evaluation and Accreditation, together with the subordinate committees, shall draw up an evaluation report, on the basis of which the Government shall initiate the draft law on the establishment of the higher education institution with the faculties, colleges and specializations proposed for accreditation. " 6. Article 7 shall read as follows: "" Art. 7. -(1) In the case of negative evaluation reports for all faculties, colleges and specializations, by decision of the Government the provisional operating authorization of the respective institution shall be withdrawn, this entering into the liquidation process, starting with year I. (2) In the case of negative evaluation reports only for some of the institutions, colleges and specializations of the institution, the Government shall withdraw the provisional operating authorization for them, which shall enter into the liquidation, starting with the first year " 7. Article 9 shall read as follows: "" Art. 9. -(1) Faculties, colleges and specializations of the institution of higher education shall be subject periodically, from 5 to 5 years, to the academic evaluation by the National Council for Academic Evaluation and Accreditation. In the event of an unfavorable report of the latter, the Ministry of National Education warns the institution of higher education about the faculty, college or specialization in question and, after one year, on the basis of a new assessment with negative result, by order of the Minister of National Education, it is ordered to end schooling in the faculty, college or specialization in question, starting with the first year. (2) The accredited specializations for which no reports are submitted for periodic evaluation within a maximum period of a tuition cycle from the date of entry into force of this Law shall enter into liquidation. The Ministry of National Education is obliged to warn the higher education institution at least 6 months before the deadline for submitting those reports expires. (3) In the first 5 years after obtaining accreditation, the newly established higher education institutions shall, as the case may be, submit to the annual controls of the National Academic Evaluation and Accreditation Council, which monitor the fulfilment of the standards of accreditation. No charges shall be levied on these checks. ' 8. in Article 10, after paragraph 2, paragraph 3 is inserted as follows: "(3) The official act on the abolition of a higher education institution must regulate, under the law, the situation of students and the material basis." 9. Article 11 shall be repealed. 10. Article 12 shall read as follows: "" Art. 12. -The faculties, colleges and specializations in higher education institutions in operation on December 22, 1989 are subject only to the periodic academic evaluation procedure, in accordance with the provisions of art. 9 9. " 11. Article 13 shall read as follows: "" Art. 13. --(1) The expenses regarding the organization and functioning of the National Council for Academic Evaluation and Accreditation, of the subordinate commissions, as well as of the experts used are provided in the own budget. ((2) The institutions concerned in the organization and conduct of a higher education activity shall pay at the date of application a fee for each phase of the accreditation procedure for each faculty, college and specialization, in the amount of ten gross monthly salaries of university professor in state education, with maximum seniority. (3) For periodic academic evaluation, provided in art. 9 9 para. (1), the fee is three gross monthly salaries of university professor in state education with maximum seniority, for each faculty, college or specialization. (4) For the evaluation of programs of in-depth or master studies, the fee is a gross monthly salary of university professor with maximum seniority. ((5) The fee shall be deposited in the account of the National Council for Academic Evaluation and Accreditation. " 12. Article 14 shall read as follows: "" Art. 14. -The bachelor or diploma exam or, as the case may be, of graduation, held at accredited institutions, colleges, colleges and specializations, is carried out according to the general criteria approved by the Ministry of National Education and the criteria specific approved by the university senate. " 13. Article 15 shall read as follows: "" Art. 15. -The diplomas issued by the higher education institutions for the graduates of the accredited faculties, colleges or specializations are recognized by law by the Ministry of National Education. " 14. Article 17 shall read as follows: "" Art. 17. -They have the right to organize postgraduate education, including the doctorate, only accredited higher education institutions that meet the conditions established by law. " 15. Article 18 shall read as follows: "" Art. 18. -The reports of the National Council for Academic Evaluation and Accreditation, as well as the opinion of the Minister of National Education, shall be brought to the attention of the institutions that request the organization and conduct of The opinion of the Minister of National Education is also communicated to the National Council for Academic Evaluation and Accreditation 16. In Article 19, paragraph 2 shall read as follows: "" (2) Criteria refers to the fundamental areas of organization and functioning specific to higher education institutions: teaching staff, content of education, material basis, research activity and financial activity, structures institutional, administrative and managerial, according to the law. " 17. In Article 20, paragraphs 3 to 5 shall read as follows: " (3) For obtaining the provisional operating authorization the institution must have at each specialization at least 70% of the posts, constituted according to the legal norms, covered with teachers tenured in higher education after legal norms and at least 20% teachers as university professor and university lecturer, employed with the basic norm or with associate teaching staff status. (4) In order to obtain accreditation the institution of higher education must have, at each faculty, college and specialization, at least 50% of the total positions teachers with the basic norm or with reserved post, tenured in education higher by legal norms, and of these, at least 20% to be university professors and university lecturers. (5) In order to obtain the accreditation of the management staff of the higher education institution (rector, vice-rector, dean, vice-dean), as well as the heads of department must be teachers with the basic norm in the institution and have the degree of teacher university or associate university lecturer. " 18. In Article 21, paragraph 1 shall read as follows: "" Art. 21. -(1) In order to obtain the provisional operating authorization and for accreditation, the educational plans must include mandatory, optional and optional disciplines, corresponding to the standards established at national level by the Ministry National Education, at the proposal of the National Council for Academic Evaluation and Accreditation. " 19. Article 22 shall read as follows: "" Art. 22. -The organization of study formations (series, groups, subgroups) is done in compliance with the legal norms. " 20. In Article 24, paragraphs 4 to 6 shall read as follows: " (4) For accreditation, in addition to meeting the other conditions provided by law, it is necessary that at least 51% of the total first three series of graduates pass the bachelor or diploma exam or, as the case may be, graduation, by the deadline provided in art. 6 6 para. ((2). For each series of graduates the promotion within the term provided in art. 6 6 para. ((2) must be at least 40%. (5) If the conditions provided in par. (4) are not fulfilled, the faculty, college or specialization enter the liquidation process starting with the first year. (6) During the period of provisional operation the higher education institution is obliged to comply with the standards that were the basis for granting the authorization. The institutional structures of higher education and the conditions of operation of the specializations for which provisional operating permits have been given may be modified only in the conditions of the resumption of the evaluation procedures. The National Council for Academic Evaluation and Accreditation, as well as other public authorities empowered by law, carry out controls whenever deemed necessary, without charge. If the conditions provided for in this law are found to be fulfilled, the provisions of par. ((5). ' 21. in Article 26, after paragraph 1, paragraph 2 is inserted as follows: "(2) In order to obtain the provisional operating authorization or accreditation, the higher education institution must provide proof that it has academic and administrative management structures, appropriate to each stage." 22. Article 27 shall read as follows: "" Art. 27. -At the periodic academic evaluation of the faculties, colleges and specializations, as the case may be, they must meet the standards established for the accreditation process and the other legal provisions. " 23. Article 29 shall read as follows: "" Art. 29. -The accreditation shall recognise the validity of all activities carried out by higher education institutions until the date of its granting. " 24. Article 31 shall read as follows: "" Art. 31. -(1) I may carry out higher education activities and may use the names of the university, institute, academy of studies or similar only to higher education institutions authorized to operate provisionally or accredited. (2) The conduct of higher education activities by unauthorized units, as well as the assumption of the university name, in the sense of higher education institution, or the assumption of qualities and academic attributions shall be punished according to the law criminal. ((3) Provisions of para. (2) applies, gradually, to institutions with higher education activities, which are in liquidation, to which they have been withdrawn the right of schooling since the first year, under the law. (4) Institutions carrying out higher education activity are obliged to display, in a visible place, the documents by which they were provisionally authorized or accredited, as the case may be. (5) The complaint of the prosecution bodies shall be made by the Ministry of National Education, the National Council for Academic Evaluation and Accreditation or by any other natural or legal person who considers himself injured by operation of the institution concerned. ' 25. In Article 32, paragraph 1 shall read as follows: "" Art. 32. -(1) The teacher with the basic function at a state or private educational institution may perform teaching activities by association, regardless of the form of employment, at other higher education institutions, in accordance with the provisions legal and with the University Charter. " 26. In Article 34, paragraph 1 shall read as follows: "" Art. 34. -(1) The conduct of higher education activities and the issuance of study papers, under conditions other than those provided for by this law, attract civil or criminal liability, as the case may be, of the guilty. " 27. in Article 34, after paragraph 2, paragraph 3 is inserted as follows: "(3) The perceation of school fees and the issuance of study documents, within the framework of an activity carried out under conditions other than those provided by this law, attract civil or criminal liability, as the case may be, of the guilty." 28. Article 34 shall be inserted after Article 34, with the following contents: "" Art. 34 34 ^ 1. -(1) A specialization is considered to be abolished for which, for various reasons, the institution has not schooled, since the first year, a minimum period equal to a tuition cycle. The resumption of activity at these specializations involves a new operating authorization. ((2) The abolition of the institution of higher education shall be made at the time of the total cessation of its activity for different reasons or if it is found that the institution carries out activities hostile to the Romanian state or in contradiction with the laws and with the Romanian Constitution. " + Article 2 Law no. 88/1993 on the accreditation of higher education institutions and the recognition of diplomas, with the amendments made by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Chamber of Deputies and the Senate at the joint meeting of July 1, 1999, in compliance with the provisions of art 74 74 para. ((1) and art. 76 76 para. (2) of the Romanian Constitution. ROOM PRESIDENT DEPUTIES ION DIACONESCU SENATE PRESIDENT PETRE ROMAN -------------