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Law No. 88 Of 17 December 1993 * Reissued For The Accreditation Of Institutions Of Higher Education And Recognition Of Diplomas

Original Language Title:  LEGE nr. 88 din 17 decembrie 1993 *** Republicat privind acreditarea instituţiilor de învăţământ superior şi recunoaşterea diplomelor

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LEGE no. 88 88 of 17 December 1993 *** on the accreditation of higher education institutions and the recognition of diplomas
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 552 552 of 11 November 1999



Note * *) Republicated pursuant to art. II of Law no. 144 144 of 27 July 1999 , published in the Official Gazette of Romania, Part I, no. 361 361 of 29 July 1999, giving the texts a new numbering. Law no. 88 88 of 17 December 1993 was published in the Official Gazette of Romania, Part I, no. 307 307 of 27 December 1993. + Chapter 1 General provisions + Article 1 Higher education institutions are established by law. + Article 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. + Article 3 (1) The accreditation process of higher education institutions shall include 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. + Article 4 (1) In order to assess and accredit institutions of higher education, in order to ensure the quality of the educational process, the National Council for Academic Evaluation and Accreditation is established, under parliamentary control. The Board has in-subordination evaluation commissions on areas, profiles and/or specializations. (2) The National Council for Academic Evaluation and Accreditation is constituted by 19-21 members and is appointed by the Parliament, at the proposal of the Government. (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 the appeals, the Ministry of National Education completes the list of candidates and submits it to the Government. (4) The National Council for Academic Evaluation and Accreditation shall be renewed every 4 years by one third of the number of its members. (5) The National Council for Academic Evaluation and Accreditation consists of persons recognized for professional competence, moral probity and impartiality. (6) The President, Vice-President and Secretary of the National Council for Academic Evaluation and Accreditation shall be elected by the Council, among its members, on the proposal of the Minister of National (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. (8) The evaluation committees are permanent bodies composed of 7-9 members, which are replaced by one third every 4 years. The President, Vice President and Secretary of each committee shall be appointed by the National Academic Evaluation and Accreditation Council. (9) The National Council for Academic Evaluation and Accreditation has the right to use experts and a technical apparatus of its own. (10) The National Council for Academic Evaluation and Accreditation and the Evaluation Committees shall operate on the basis of regulations approved by Government Decision. + Article 5 (. 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. + Article 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. + Article 7 (1) In the case of negative evaluation reports for all faculties, colleges and specializations, the Government decision shall withdraw the provisional operating authorization to the respective institution, entering 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 year I. + Article 8 The institution of higher education provisionally authorized has the right to hire and promote through the competition staff, auxiliary and administrative, under the law. + Article 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, there is an end to schooling in the faculty, college or specialization in question since the first year. (2) 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 the annual controls of the National Council for Academic Evaluation and Accreditation, which monitor the fulfilment of the standards of accreditation. No charges are levied on these controls. + Article 10 (1) If no college, no college or any specialization of a higher education institution meets the standards corresponding to the academic evaluation criteria to which it is subject periodically, the institution of education is abolished by law. (2) The draft law on the abolition of the higher education institution shall be submitted to the Parliament by the Government, at the proposal of the National Council for Academic Evaluation and Accreditation. (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. + Article 11 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. + Article 12 ((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 on behalf of the National Council for Academic Evaluation and Accreditation. + Article 13 The bachelor or diploma exam or, as the case may be, 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 specific criteria approved by the university senate. + Article 14 Diplomas issued by higher education institutions for graduates of accredited faculties, colleges or specializations are recognized by law by the Ministry of National Education. + Article 15 Higher education institutions can organize admission and continue the educational activity at the specializations for which they have obtained the provisional operating authorization or accreditation. + Article 16 They have the right to organize postgraduate education, including the doctorate, only accredited higher education institutions that meet the conditions established by law. + Article 17 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 Academic Evaluation and Accreditation Council + Chapter 2 Criteria and standards for academic evaluation and accreditation + Article 18 (1) The academic evaluation and accreditation procedure is based on a set of general criteria and mandatory standards. ((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. (3) The standards correspond to each criterion and indicate the mandatory minimum levels in the evaluation and accreditation process. These levels are differentiated for the period of provisional operation or for the period after the establishment by law. + Article 19 (1) Through teaching staff, according to this law, it is understood the staff who carry out teaching activities in the higher education institution. (2) Teaching staff must meet the legal requirements for filling teaching positions. (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 with the title of 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 superior according to 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. + Article 20 (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. (2) The analytical programmes of study subjects must meet the same requirements as educational plans. + Article 21 The organization of study formations (series, groups, subgroups) is done in compliance with the legal norms. + Article 22 (1) In order to obtain the accreditation of the institution of higher education the holders of disciplines have the obligation to have developed courses and other works necessary for the educational process. (2) The management of the higher education institution has the obligation to ensure the multiplication of the above-mentioned works in the appropriate number and to provide them to the students. + Article 23 (1) For accreditation, the first three series of graduates of the authorized higher education institutions provisionally take the bachelor's or, as the case may be, graduation at the faculties, respectively the colleges, established by the National Council of Academic Evaluation and Accreditation. (2) The examination committees may not include the teachers who have carried out activities at the faculties or colleges from which the candidates who are to take the bachelor or graduation exam come, under the conditions provided in par. ((1). (3) Bachelor's degrees or, as the case may be, graduation for those who pass the exams under the conditions provided in par. (1) shall be issued by the organising institution. In these diplomas it is necessarily specified the institution that provided the schooling. Diplomas are recognized by the Ministry of National Education. (4) For accreditation, in addition to meeting the other conditions provided by law, it is necessary that at least 51% of the total of the 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). + Article 24 (1) The material basis of the higher education institution must correspond to the standards of conducting an educational process of quality. (2) In order to obtain the provisional operating authorization the institution must provide proof that it has: a) premises suitable for the educational process, in the property or by renting; b) own or rented laboratories, with appropriate equipment for one year in advance compared to the school year; c) library equipped with reading room and proper book fund corresponding to the content of the subjects taught and their level. (3) In order to obtain accreditation the higher education institution must prove that during the period of provisional operation it used at least 25% of the income for investments in its own material base. (4) After two cycles of enrolment subsequent to the establishment by law, the higher education institution must provide proof that it has at least 50% of the educational spaces in the property and that, throughout the previous period, it has used at least 25% of income for investments in the own material base. + Article 25 (1) Institutions applying for provisional operating authorization or accreditation must prove that their teaching and research staff carry out scientific research activities harnessed through publications, contracts, expertise, consulting or other modalities. (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. + Article 26 At the periodic academic evaluation of the faculties, colleges and specializations, as the case may be, they must meet the standards set for the accreditation process and the other legal provisions. + Chapter 3 Transitional and final provisions + Article 27 Institutions with higher education activities established after December 22, 1989 are required to apply for provisional operating authorization within 6 months from the entry into force of this law. + Article 28 Accreditation shall recognise the validity of all activities carried out by higher education institutions until the date of its award. + Article 29 Within the meaning of this law, the subsidiaries of institutions, faculties, colleges or specializations are considered distinct units. They shall be subject separately to the academic evaluation and accreditation procedure provided for in this Law. + Article 30 (1) They may carry out higher education activities and may use the names of the university, institute, academy of studies or similar ones 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. + Article 31 (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 legal provisions and with the University Charter. (2) Provisions of para. (1) shall also apply to teaching staff associated with higher education institutions, from other sectors of activity. (3) The associate teacher has the obligation to make known, by written declaration, the head of the institution in which he has the basic function, as well as the rectors of the institutions to which he is associated, the number of teaching hours provided by association + Article 32 (1) Within 60 days from the date of entry into force of this law, the Government shall propose to the Parliament the establishment of the National Council for Academic Evaluation and Accreditation. (2) Within 30 days from the establishment the National Council for Academic Evaluation and Accreditation shall establish the subordinate evaluation committees and appoint their members. (3) In the same period, the National Council for Academic Evaluation and Accreditation elaborates its own operating regulations. + Article 33 (1) The conduct of higher education activities and the issuance of studies, under conditions other than those provided for by this law, attract civil or criminal liability, as the case may be, of the guilty. (2) The National Council for Academic Evaluation and Accreditation shall make public the list of faculties, colleges and specializations that have not been provisionally authorized or accredited. (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. + Article 34 (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 -----------