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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071648/-lege-nr.-88-din-17-decembrie-1993-%252a%252a%252a-republicat-privind-acreditarea-instituiilor-de-nvmnt-superior-i-recunoaterea-diplomelor.html

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Law No. 88 of 17 December 1993 * Reissued for the accreditation of institutions of higher learning and recognizing PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 552 of 11 November 1999 Note *) Republished pursuant to art. II of law No. 144 of 27 July 1999, published in the Official Gazette of Romania, part I, no. 361 of 29 July 1999, posing a new texts.

Law No. 88 of 17 December 1993 was published in the Official Gazette of Romania, part I, no. 307 of 27 December 1993.


Chapter 1 General provisions Article 1 higher education institutions shall be established by law.


Article 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 similar studies.
  


Article 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.
  


Article 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.
  

(2) the National Council for academic assessment and accreditation is made up of 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 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, the Ministry of national education and the definitive list of candidates shall submit it to the Government.
  

(4) the National Council for academic assessment and accreditation shall be renewed every 4 years with one-third of the number of its members.
  

(5) the National Council for academic assessment and accreditation is made up of individuals recognized for professional competence, moral probity and impartiality.
  

(6) the Chairman, Vice-Chairman and Secretary of the National Council for academic assessment and accreditation shall be elected by the Council from among its members at the proposal of the Minister of national education.
  

(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.
  

(8) the assessment Committees are permanent bodies consisting of 7-9 members, which shall be replaced by the one-third every 4 years. The President, Vice-President and Secretary of each Board are appointed by the National Council for academic assessment and accreditation.
  

(9) the National Council for academic assessment and accreditation has the right to use experts and a technical apparatus.
  

(10) the National Council for academic assessment and accreditation and assessment committees operate on the basis of regulations approved by Decree of the Cabinet of Ministers.
  


Article 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 created.
  


Article 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.
  


Article 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.
  


Article 8 the institution of higher education authorized on a provisional basis shall be entitled to employ and promote competition, auxiliary teaching staff and administrative, in accordance with the law.


Article 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 cause I onwards.
  

(2) the accredited Specializations, for which there are submitted periodic reports in order to assess, 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 five years after obtaining the accreditation of 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.
  


Article 10 (1) in the event that any College, any college or any specialization of an institution of higher education is no longer meets the appropriate standards of academic assessment criteria to which it is subject to periodic educational institution is abolished by law.
  


(2) the draft law on the abolition of the institution of higher education shall be submitted to the Parliament by the Government upon the proposal of the National Council for academic assessment and accreditation.
  

(3) the official abolition Act of an institution of higher education shall cover, in accordance with the law, the situation of students and physical basis.
  


Article 11 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. Article 12 (1) expenditure 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.
  


Article 13 the examination or diploma, as applicable, times of graduation, held 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.


Article 14 the diplomas awarded by higher education institutions for graduates, colleges or universities accredited specializations are recognized by law by the Ministry of national education.


Article 15 higher education institutions can arrange admission and can continue the work of the education majors for having obtained the authorization of the provisional operation or accreditation.


Article 16 have the right to organize, including postgraduate education doctorates, only accredited higher education institutions that meet the conditions established by law.


Article 17 reports of the National Council for 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.


Chapter 2 criteria and standards of academic assessment and accreditation article 18 (1) the procedure for academic assessment and accreditation is based on a set of general criteria and mandatory standards.
  

(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.
  

(3) the standards corresponding to each of the criteria and indicate the minimum levels in the process of evaluation and accreditation. These levels are differentiated for the period of provisional or officials for the subsequent period set by law.
  


Article 19 (1) by teaching staff, in accordance with the present law, it is understood that staff working in the institution of higher education.
  

(2) teaching staff must meet the legal requirements for employment.
  

(3) operating permit provisional 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 according to 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.
  


Article 20 (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.
  

(2) the syllabuses of subjects of study must meet the same requirements as educational plans.
  


Article 21 the Organization of study (series, groups, subgroups) is done in compliance with legal norms.


Article 22 (1) to obtain the accreditation institution of higher education disciplines holders are required to have developed courses and other works necessary for the educational process.
  

(2) the leadership of the institution of higher education is required to ensure multiplication of works mentioned above in the appropriate number and make it available to students.
  


Article 23 (1) for the purpose of accreditation, the first three series of graduates from institutions of higher learning authorized provisional license exams or, where applicable, graduation from the faculties, colleges, respectively, established by the National Council for academic assessment and accreditation.
  

(2) of the examining boards disqualified teachers who have held activities at faculties or colleges from which originate the candidates to support the licensing examination or graduation, under the conditions laid down in paragraph 1. (1) and (3) Diplomas or, where applicable, graduation exams for those who promote the conditions laid down in paragraph 1. (1) shall be issued by the host institution. In these diplomas is necessarily specific institution that provided schooling. The diplomas are recognized by the Ministry of national education.
  

(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. Article 24 (1) the physical basis of higher education institution must comply with the standards of the deployment process, the quality of instruction.
  

(2) operating permit provisional institution must prove that features: a) adequate educational process, ownership or by rental;
  

(b) own or rented) laboratories, with appropriate equipment for one year in advance of the year briefed within;
  

c) equipped with a library reading room and its own books corresponding to the contents of the subjects taught and the level thereof.
  

(3) in order to obtain accreditation institution of higher education must prove that during the operation temporarily used at least 25% of the revenue for investment in material goods.
  

(4) After two cycles of subsequent establishment by law schooling, higher education institution must prove that the property has at least 50% of the premises and that, in the previous period, has used at least 25% of the revenue for investment in material goods.
  


Article 25 (1) institutions provisional authorization of operation or accreditation must prove the fact that teaching staff and proper research conducts scientific research valued through publications, contracts, surveys, consultancy or by other means.
  


(2) in order to obtain the authorization of the provisional operation or accreditation institution of higher education must prove that features academic management structures and administration, appropriate for each phase.
  


Article 26 assessment of academic faculties, colleges and specializations, where appropriate, they must meet the standards set for the accreditation process and other legal notices.


Chapter 3 transitional and final Provisions article 27 Institutions with activities of higher education established after 22 December 1989 are required to seek the authorization of the provisional operation within six months after the entry into force of this law.


Article 28 recognizes the validity of accreditation Through the entire activities of institutions of higher education until the date of its grant.


For the purposes of article 29 of this law, affiliates of the institutions, faculties, colleges, or relays are considered as distinct units. These are subject to separate academic assessment procedures and accreditation provided for in this law.


Article 30 (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 the institution in question.
  


Article 31 (1) basic function education staff at an educational institution of State or private activities can be carried out by Association, 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.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply to teaching staff from higher education institutions associated, originating in other sectors of activity.
  

(3) the framework of teaching associate is required to make known, by means of written declaration, in which the driver has the function of the institution, as well as rectors of institutions with which it is associated, the number of teaching hours provided by Association.
  


Article 32 (1) within 60 days after the date of entry into force of this law the Government proposes Parliament the establishment of the National Council for academic assessment and accreditation.
  

(2) within 30 days of the formation of the National Council of academic assessment and accreditation committees evaluating establishes subordinated and appoint the members thereof.
  

(3) in the same period the National Council for academic assessment and accreditation shall draw up its own regulations.
  


Article 33 (1) conducting higher educational 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.
  

(2) the National Council for academic assessment and accreditation makes public the list of the faculties, colleges and majors that have not been accredited or provisionally authorised.
  

(3) the levying of tuition 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.
  


Article 34 (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.
  

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