JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Organic Law.

EXPLANATORY STATEMENT

I

The Spanish university system has undergone profound changes in the last twenty-five years; changes driven by the acceptance by our universities of the challenges posed by the generation and transmission of scientific and technological knowledge. Our society today trusts more than ever in its Universities to face new challenges, the derivatives of the knowledge society at the dawn of the present century.

Over the past two decades, the old university institution has transformed itself radically. The Constitution enshrined the autonomy of the universities and guaranteed, with this, the freedoms of professorship, study and research, as well as the autonomy of management and administration of their own resources. During this period, the universities tripled, creating university centers in almost all the populations of more than fifty thousand inhabitants, in which today more than one hundred and thirty different degrees are studied. The process of university decentralization was also completed only a few years ago, with powers in the field of higher education being transferred to the autonomous educational administrations. Not of a lesser magnitude has been such a positive transformation in the field of scientific and technical university research, whose main recipients are the students of our universities, who not only receive in these appropriate professional training, but they can benefit from the critical spirit and the extension of the culture, inescapable functions of the university institution.

This effort shared by universities, educational administrations and society itself has been extraordinary, and that is why now, aware of the path we have taken, we are also of the need for a new management of university activity.

This, in a coherent and global way, must systematize and update the multiple academic, teaching, research and management aspects that allow the Universities to address, within the framework of the information society and knowledge, challenges arising from innovation in the forms of knowledge generation and transmission.

If we recognize that the universities play a central role in the cultural, economic and social development of a country, it will be necessary to strengthen their leadership capacity and provide their structures with the greatest flexibility to face up to differentiated strategies in the framework of a vertebrate scenario. This capacity will allow them to develop specific plans according to their own characteristics, with the composition of their teachers, their offer of studies and with their management and innovation processes. Only in this way can they respond to the dynamism of an advanced society such as the Spanish society.

And only in this way, society will be able to demand from its universities the most valuable of inheritances for its future: a teaching of quality, an investigation of excellence.

From this perspective, we design the modern normative architecture that the Spanish university system demands to improve its teaching, research and management quality; encourage the mobility of students and teachers; to deepen the creation and transmission of knowledge as an axis of academic activity; to respond to the challenges arising from both non-face-to-face higher education and new information and communication technologies; training throughout life, and to be integrated competitively alongside the best centres of higher education in the new European university space that is being set up.

We are all aware that the social changes operated in our society are closely related to those taking place in other areas of activity. Thus, the modernization of the economic system imposes more and more imperative demands on the sectors that drive that continuous updating; and we cannot forget that the University occupies a place of privilege in this process of continuous renewal, in particular in the sectors linked to cultural, scientific and technical development. This is why our Universities need to urgently increase their effectiveness, efficiency and accountability, all of which are central to their own university autonomy.

Also training and knowledge are key factors in this scenario, characterized by dizzying transformations in the social and economic fields.

The new society demands professionals with the high cultural, scientific and technical level that only university education is able to provide. Society also demands a permanent formation throughout life, not only in the macroeconomic and structural order, but also as a way of self-realization. A society that aims to achieve mass access to information needs people who are able to make it known through its ordination, elaboration and interpretation.

These new scenarios and challenges require new ways of addressing them and the Spanish university system is at its best historical moment to respond to a challenge of enormous importance: to articulate the knowledge society in our country; with this Law it is intended to provide the university system with a normative framework that stimulates the dynamism of the university community, and is intended to reach a modern University that improves its quality, that serves to generate welfare and which, in the light of higher levels of excellence, has a positive influence on all areas of society.

This Law is born with the purpose of promoting the action of the General Administration of the State in the vertebrate and cohesion of the university system, of deepening the competences of the Autonomous Communities in the field of education higher, to increase the degree of autonomy of the universities, and to establish the necessary channels to strengthen the relations and reciprocal links between University and society.

It is a law of society for the University, in which both will have the right mechanisms to intensify their necessary and fruitful collaboration.

This is the right framework to link university autonomy with accountability to the society that drives and finances it. And it is the ideal normative scenario for the University to respond to society, enhancing the training and research of excellence, so necessary in a Spanish and European university space that trusts its human capital as an engine of its cultural, political, economic and social development.

The Law articulates the different levels of competence, those of the Universities, the Autonomous Communities and the General Administration of the State. It designs a greater self-government of the universities and represents an increase of the commitment of the Autonomous Communities, which implies for the first a greater efficiency in the use of the public resources and new attributions of coordination and management for the second. This means that the universities and the Autonomous Communities must be given new powers in relation to the previous legislation, with the aim of giving the text of the text in an unequivocal form the confidence of society in its universities and the responsibility for these to their respective educational administrations.

Thus, the universities will have, in addition to the current competences, others related to the hiring of teachers, the re-entry into the active service of their teachers, the creation of centers and structures of teaching to distance, the establishment of the procedures for the admission of its students, the formation of foundations and other legal figures for the development of its purposes and collaboration with other entities for the mobility of its staff.

And the powers of the Autonomous Communities are added, inter alia, to the regulation of the legal and remuneration of hired teachers, the capacity to provide additional remuneration for teachers, the approval of multi-annual financing programmes leading to programme contracts and the assessment of the quality of the universities in their field of responsibility.

Spanish society needs its university system to be in the best possible conditions for its integration into the common European space of higher education and, as a fundamental principle, for teachers better qualified students to take on the increasingly complex professional and social responsibilities in the immediate future.

Hence, it is an inalienable objective of the Law to improve the quality of the university system as a whole and in each and every one of its aspects. It is therefore deepened in the culture of evaluation through the creation of the National Agency for the Evaluation of Quality and Accreditation, and new mechanisms are established for the promotion of excellence: improving the quality of teaching and teaching research, through a new objective and transparent system, which guarantees merit and capacity in the selection and access of teachers, and also improves the quality of management, through procedures that will enable the The coordination and administration issues of the University are agile and effective.

Improving quality in all areas of university activity is essential to train professionals that society needs, to develop research, to preserve and transmit culture, enriching it with the contribution of The creation of each generation and, finally, a critical and scientific instance, based on merit and rigor, which is a reference for Spanish society. Thus, the Law creates the appropriate conditions for the agents of the university activity, the genuine protagonists of improvement and change, students, teachers and staff of administration and services, to promote and develop those progress dynamics that promote a better-coordinated, more competitive and higher quality university system.

Another of the essential objectives of the Law is to promote mobility, both of students and of teachers and researchers, within the Spanish system but also of the European and international. Mobility means greater wealth and openness to better quality training, and all the players involved in university activity must contribute to the greatest possible mobility and that this will benefit the greatest number of people. citizens.

Mobility policies are crucial for students to be able to freely choose the centers and qualifications best suited to their personal and professional interests, a real choice that they have recognized as a right and is within reach through the open university district; as they are also fundamental for the faculty of the Universities, as they introduce elements of competence with positive effects in the improvement of the overall quality of the system university.

II

After defining in the preliminary title the functions of the University and the dimensions of university autonomy, the conditions and requirements for the creation, recognition, functioning and legal regime are established. of the Universities, with some clarifications depending on whether they are public or private.

As far as private universities are concerned, the Law regulates in detail, respecting the principle of freedom of creation of constitutionally recognized centers, the main aspects of the requirements for the the establishment and operation of their centres, the assessment of their quality, and the issue and type-approval of the titles to which they conduct the studies they provide. The Law thus seeks to introduce to the private universities requirements already required of the public universities, taking into account that both pursue the same objectives and involve in improving the quality of the system in its set.

III

The Law establishes a clear distinction between the functions of government, representation, control and advice, each corresponding to a different organ in the structure of the University. Likewise, executive decision-making processes by the Rector and the Governing Council are strengthened, and co-participation and co-responsibility schemes are established between society and the University; for this, respecting the autonomy of The Universities, are completed the competences of the Social Council so that it can assume the supervision of all the economic activities of the University and the performance of its services.

The Governing Council, which is chaired by the Rector, is hereby established as the highest university governing body, establishing strategic and programmatic lines in the fields of teaching, research, and resources. human and economic. In this design, the Rector, who will exercise the direction, government and management of the University, will be directly elected by the university community by universal, free and secret suffrage. Other new features of the regulatory framework are the creation of the Board of Directors, which will assist the Rector in his work as head of the University, and of the Consultative Board, made up of members of the highest prestige within the university community.

The Social Council is set up as the University's relationship organ with society. This body is responsible for the supervision of the economic activity of the University and the performance of the services, as well as the approval of the budgets. Its regulation corresponds to the Law of the Autonomous Communities.

It will be made up of personalities of cultural, professional, economic and social life that will not be able to be from the academic community itself, except for the Rector, General Secretary and Manager.

IV

The University Coordination Council will be the highest advisory and coordinating body of the university system, and is set up as a forum for meetings and debate among the three administrations that converge on the system. university: State, Autonomous and University.

The existence of a growing number of private universities recommends their participation in this forum, albeit with certain restrictions when dealing with issues that only affect public universities.

V

One of the main innovations of the Law is given by the introduction into the university system of external evaluation mechanisms of its quality, according to objective criteria and transparent procedures. This creates the National Agency for Quality Assessment and Accreditation that, independently, will develop the evaluation activity of advanced university systems that is so necessary to measure the performance of the public service. of higher education and strengthening its quality, transparency, cooperation and competitiveness. The Agency will assess both the teaching and the research, teaching and management activities, as well as the services and programmes of the Universities; its work will provide adequate information for decision-making, both for the students in the choice of qualifications or centres such as teachers and public administrations when drawing up the educational policies they are responsible for.

The National Agency for Quality Assessment and Accreditation will promote and guarantee the quality of universities, an essential objective of university policy.

VI

The teachings and titles are regulated by the establishment of guarantees as to the quality of official titles and the plans of study, with different levels of control of their adequacy to the current legality and minimum parameters of quality. From the entry into force of the Law, the study plans will be evaluated after an initial period of implementation.

VII

The growth of the information society, the phenomenon of globalisation and the processes resulting from scientific research and technological development are transforming the ways of organizing learning and generating and to pass on knowledge. In this context, the University must lead this process of change and, consequently, strengthen its research activity in order to configure a model that has as its axis the knowledge. The Law grants, through its own title, a letter of nature to the research activity at the University. The above is in line with the manifest commitment of the public authorities to promote and stimulate, for the benefit of the general interest, basic and applied research in the universities as an essential function of the universities, for scientific and technical innovations to be transferred as quickly and effectively as possible to the whole of society and continue to be their main driver of development.

Research areas, the importance of the training of researchers and their mobility are set out in the Law, and different types of structures are envisaged, including the creation of technology-based companies, to disseminate and exploit their results in society.

The Law enhances the present importance, and especially in the future, that research has as a differentiating and quality factor in the competitive development of the University; and recognizes, at the same time, the positive impact of the scientific activity in society, in improving the quality of life of citizens and in the creation of wealth.

VIII

Students, active protagonists of university activity, are an essential part of this standard, which establishes their basic rights, without prejudice to what is subsequently set by the statutes of each university.

In another order of things, in order to promote mobility and equality in the conditions of access to university studies, regulated in this standard, an active and diversified policy of grants and aid to the study is envisaged, in consonance with the implementation of the open university district.

IX

On the faculty, the cornerstone of the University, the Law adopts measures considered unanimously priority for the university community, guaranteeing the principles of equality, merit and capacity in the selection of Official and contracted teachers.

Different mechanisms are articulated to ensure quality education in the framework of higher education.

Thus, the Law establishes a more open, competitive and transparent selection system, which will improve the quality through an enabling process that gives priority to the teaching merits and researchers of the candidates, ensures objectivity in teacher selection tests and respects the autonomy of the

Universities in establishing these procedures for access to the teaching bodies, according to their programming and needs, of the teachers who have been enabled.

The development of a balanced and coherent academic career is also designed, through the creation of new contractual figures and the introduction of incentives, according to quality parameters, by the administration. General of the State, Autonomous Communities and Universities themselves.

The Law encourages the basic principle of mobility, as well as the measures it contains for both the official and the faculty employed.

The maximum flexibility is given so that the universities can develop their teacher policy and plan their teaching and research needs adequately; in this sense, it is possible to hire up to a of the total of 40% and nine% of the total number of teachers employed, whose regulation and legal status will be the responsibility of the Autonomous Communities, thus corresponding to the financial instruments for which they are responsible the regulations they now assume.

And finally, new figures are created, such as that of the assistant professor doctor and that of the professor hired doctor, and quality criteria are introduced for the stable hiring of this faculty by the universities, providing the procedure for the selection of a high level of transparency and rigour through the requirement of external evaluation of the candidates ' prior activity.

X

The Law expressly recognizes the economic and financial autonomy of the universities, a fundamental aspect of university autonomy. Each University, according to its differentiated characteristics, will establish its economic regime in accordance with the principles established in the Law. Flexibility mechanisms are introduced by making it easier to create foundations or legal entities, in accordance with the corresponding regional regulations, that will enable the University's own objectives to be pursued with greater agility.

addition, the State will exercise its responsibility for the university system by funding programs aimed at meeting the objectives set forth in the Law, such as improving the quality of the university system, promoting mobility and promoting the integration of universities into the European higher education area.

XI

In order to adapt to the European higher education area referred to above, the Law provides for a number of measures to enable the changes to be made to the structures of the studies in question. function of the general lines emanating from this space. It also includes forecasts on the access of national EU Member States to the development of the teaching and research role in Spanish universities, as an official or as a contract staff, in order to facilitates the mobility of teachers.

In short, this Law is the result of constructive work on a common project that expresses the commitment of society to the Spanish university system. It aims to be the innovative, open and flexible framework that provides the universities with the most appropriate regulatory solutions and responds, taking into account their different characteristics, their present and future needs, always with the objective and horizon of the improvement of the quality and excellence, the development of the university activity as a dynamising factor of the society to which it serves and of the generation of trust of the citizens in the institutions of teaching higher.

PRELIMINARY TITLE

Of the functions and autonomy of the Universities

Article 1. University functions.

1. The University performs the public service of higher education through research, teaching and study.

2. They are functions of the University at the service of society:

a) The creation, development, transmission and criticism of science, technology and culture.

b) The preparation for the exercise of professional activities that require the application of scientific knowledge and methods and for artistic creation.

c) The diffusion, valorization and transfer of knowledge to the service of culture, of the quality of life, and of economic development.

d) The dissemination of knowledge and culture through university extension and lifelong learning.

Article 2. University autonomy.

1. The universities are endowed with legal personality and develop their functions as autonomy and coordination among all of them.

Private universities will have their own legal personality, taking one of the forms admitted into law.

Your exclusive social object shall be higher education by performing the functions referred to in Article 1 (2).

2. In the terms of this Law, the autonomy of the universities includes:

(a) The elaboration of its Statutes and, in the case of private universities, of its own rules of organization and operation, as well as of the other rules of internal rules.

b) The choice, designation and removal of the corresponding governing and representation bodies.

c) The creation of specific structures that act as support for research and teaching.

d) The development and approval of study and research plans and specific training courses throughout life.

e) The selection, training and promotion of teaching and research and management staff and services, as well as the determination of the conditions under which they are to carry out their activities.

f) The admission, stay regime and knowledge verification of the students.

g) The issue of official titles and validity throughout the national territory and their own diplomas and diplomas.

h) The elaboration, approval and management of their budgets and the administration of their assets.

i) The establishment and modification of their employment relationships.

j) The establishment of relations with other entities for the promotion and development of their institutional purposes.

(k) Any other jurisdiction necessary for the proper performance of the functions referred to in Article 1 (2

.

3. The activity of the University, as well as its autonomy, is based on the principle of academic freedom, which manifests itself in the freedoms of professorship, research and study.

4. University autonomy requires and makes it possible for teachers, researchers and students to fulfill their respective responsibilities, in order to satisfy the educational, scientific and professional needs of society, as well as Universities are accountable for the use of their means and resources to society.

5. Without prejudice to the functions assigned to the University Coordination Council, each Autonomous Community shall be responsible for coordinating the universities of its competence.

TITLE I

Of the nature, creation, recognition and legal regime of the Universities

Article 3. Nature.

1. The institutions set up by the legislative bodies referred to in Article 4 (1) and which carry out all the tasks set out in Article 1 (2) are public universities.

2. Private universities are the institutions not covered by the previous paragraph, recognised as such under the terms of this Law and who perform all the functions set out in Article 1 (2).

Article 4. Creation and recognition.

1. The creation of public universities and the recognition of private universities will be carried out:

(a) By Law of the Legislative Assembly of the Autonomous Community in whose territorial scope they must be established.

b) By Law of the General Courts, on a proposal from the Government, in agreement with the Governing Council of the Autonomous Community in whose territorial scope they should be established.

2. For the creation of public universities, the prior report of the University Coordination Council will be required in the framework of the general programming of university education.

3. In order to guarantee the quality of teaching and research and, in general, of the whole of the university system, the Government, after a report of the University Coordination Council, will determine, in general, the basic requirements for the creation and recognition of universities. Those requirements shall provide for the appropriate means and resources for the fulfilment by the Universities of the tasks referred to in Article 1 (2

.

The universities will be able to teach teaching conducive to the obtaining of official titles and validity throughout the national territory in both face-to-face and non-face-to-face mode; in the latter case, exclusively or partial. In the case of non-face-to-face teaching, and within the framework of the above paragraph, the provisions of this Law shall be adapted to the specificities of this mode of teaching.

4. The beginning of the activities of the Universities shall be authorized by the competent organ of the Autonomous Community, after having verified the fulfilment of the requirements mentioned in the previous paragraph and of the provisions of the Law of Creation.

Universities shall keep their centres and teachings in operation for the minimum period of time resulting from the application of the general rules to be laid down in the development of Articles 34 and 35.

5. For the recognition of private universities, which will have a constitutive character, the report of the University Coordination Council will be required in the framework of the general programming of university education. The provisions of paragraphs 3 and 4 above shall apply in the same way to private universities.

Article 5. Creation of private universities and private university centres.

1. In accordance with Article 27 (6) of the Constitution, natural or legal persons may set up private universities or private university institutions, subject to compliance with constitutional principles and with subject to the provisions of this Law and the rules which, in their development, dictate the State and the Autonomous Communities in the field of their respective competences.

2. They may not create such universities or university institutions who provide services in an educational administration; have a criminal record for criminal offences or have been administratively punished on a firm basis for a serious offence in educational or professional matters.

The legal persons whose directors, representatives or decision-making posts, their representation or designation, or whose founders, promoters or holders of 20% or more of the legal persons, shall be deemed to be involved in this prohibition. its capital, by itself or by person, is in one of the circumstances provided for in the preceding paragraph.

3. The carrying out of legal acts and businesses which modify the legal personality or the structure of the private university, or which involve the transfer or transfer, inter-living, in whole or in part, for consideration or free of charge, of direct ownership or (i) the indirect tax on private universities or private university institutions attached to public universities must be notified to the Autonomous Community. The latter may, within a period of general rule, refuse its conformity.

The refusal shall be based on the failure to comply with the foregoing paragraphs of this Article or on the insufficiency of guarantees for the fulfilment of the commitments acquired upon request for recognition of the University, or in the agreement of the private center's membership to a public university.

In the change of ownership assumptions, the new holder shall be subrogated to all rights and obligations of the previous holder.

The breach of the provisions in the preceding paragraphs will result in a modification of the essential conditions of the recognition or approval of the membership.

The same effects will result in the transmission, disposition or taxation of the securities representative of the social capital of private entities promoting private universities or university institutions attached to universities. public, as well as the issuance of similar bonds or bonds, carried out without the authorization referred to in the preceding paragraphs, with the requirements established therein.

4. Private university centres must be integrated in a private university, as their own centres, or attached to a public university.

Article 6. Legal regime.

1. The Universities shall be governed by this Law and by the rules dictated by the State and the Autonomous Communities, in the exercise of their respective powers.

2. The public universities will also be governed by the Law of their creation and by their Statutes, which will be elaborated by those and, prior to their control of legality, approved by the Governing Council of the Autonomous Community. If there are objections to legality, the Universities shall, in accordance with the procedure laid down in their Statute, submit them and submit them again for approval by the Government of the Autonomous Community.

In the absence of a different time limit established by the Autonomous Community, the draft Statute shall be deemed to have been approved if no later than three months after the date of its submission to the said Governing Council express resolution.

Once approved, the Statutes will enter into force from their publication in the Official Gazette of the Autonomous Community. They will also be published in the "Official State Gazette".

3. The public universities will be organized in such a way that, in the terms of this Law, the representation of the different sectors of the university community will be ensured in their governing and representation bodies.

4. In the public universities, the resolutions of the Rector and the agreements of the Social Council, the Council of Government and the University of the University, deplete the administrative route and will be directly impugable before the jurisdiction administrative-administrative proceedings, in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

5. Private universities shall be governed by the rules referred to in paragraph 1 above, by the Law on their recognition and by their own rules of organisation and operation. These shall include the estimates referred to in Article 2 (2) and the University's own character, if appropriate. Private universities shall also be subject to the rules corresponding to the type of legal personality adopted.

The rules for the organization and operation of private universities will be elaborated and approved by themselves, subject, in any case, to the constitutional principles and with effective guarantee of the principle of freedom. This is an academic one expressed in the freedoms of professorship, research and study. The arrangements for approval shall be as provided for in paragraph 2 above.

Private universities will be organized in a way that will ensure, through the appropriate participation of the university community, the effective validity of the principles and freedoms referred to by the previous paragraph.

TITLE II

From the structure of the Universities

CHAPTER I

From Public Universities

Article 7. Centers and structures.

1. The public universities will be integrated by Faculties, Technical Schools or Higher Polytechnic, University Schools or Polytechnic University Schools, Departments, University Research Institutes and by others. centers or structures that organize teaching in non-face-to-face mode.

2. Universities may set up other centres or structures, whose development activities for their institutional purposes do not lead to the acquisition of titles included in the Catalogue of Official University Titles.

Article 8. Faculties, Technical Schools or Higher Polytechnic and University Schools or Polytechnic University Schools.

1. The Faculties, Technical Schools or Higher Polytechnic and University Schools or Polytechnic University Schools, are the centers responsible for the organization of the teaching and the academic, administrative and management processes leading to the acquisition of official titles and validity throughout the national territory, as well as to those other functions that determine the Statutes.

2. The creation, modification and abolition of the centres referred to in paragraph 1 of this Article, as well as the introduction and removal of lessons which are conducive to the achievement of official university degrees and validity throughout the Community. national territory, shall be agreed by the Autonomous Community either on a proposal from the Social Council or on its own initiative with the agreement of the said Council, in any case prior to the report of the Government Council of the University.

The University Coordination Council will be informed of the above mentioned in the previous paragraph.

Article 9. Departments.

1. Departments are the bodies responsible for coordinating the teaching of one or more areas of knowledge in one or more centers, in accordance with the University's teaching program, to support teaching activities and initiatives. Teachers ' researchers, and to exercise those other functions that are determined by the Statutes.

2. The creation, modification and suppression of Departments corresponds to the University according to its Statutes, and according to the basic norms approved by the Government prior to the report of the Council of University Coordination.

Article 10. University Research Institutes.

1. University Research Institutes are centres dedicated to scientific and technical research or artistic creation. They may organise and develop doctoral and postgraduate programmes and studies in accordance with the procedures laid down in the Statute and provide technical advice in the field of their competences.

The College of Research shall be governed by this Law, by the Statutes, by the agreement of creation or of the association, where appropriate, and by its own rules.

2. University Research Institutes may be constituted by one or more Universities, or jointly with other public or private entities by means of conventions or other forms of cooperation, in accordance with the Statutes.

3. For the creation and deletion of the University of Research Institutes, the provisions of Article 8 (2) shall be provided.

4. By convention, they may be attached to public universities, such as University Institutes of Invades tigation, institutions or research centers of public or private nature. The approval of the membership or, where appropriate, disaffiliation shall be done by the Autonomous Community either on a proposal from the Social Council or on its own initiative with the agreement of the Council and, in any case, after the Governing Council's report. of the University.

The University Coordination Council will be informed of the above mentioned in the previous paragraph.

Article 11. University teaching centers attached to public universities.

1. The assignment by means of a convention to a public university of teaching centers of public or private ownership to impart studies leading to the obtaining of titles of official character and validity throughout the national territory, will require the Approval of the Autonomous Community, on a proposal from the Social Council, prior to the report of the Government Council of the University. The assigned centre shall be established within the territorial scope of the relevant Autonomous Community.

The University Coordination Council will be informed of the above mentioned in the previous paragraph.

2. The institutions attached to a public university shall be governed by the provisions of this Law, by the rules laid down by the State and the Autonomous Communities in the exercise of their powers, by the agreement of membership and by their own rules of organisation and operation.

3. The beginning of the activities of the assigned centers shall be authorized by the Autonomous Community.

CHAPTER II

From Private Universities

Article 12. Structure and centres.

1. The structure of the private universities will be in accordance with the provisions of Chapter I of this Title, with the understanding of the norms of organization and operation of the private universities the indications that are made to the Statutes of the public universities.

2. The recognition of the creation, modification and abolition in the private universities of the institutions referred to in Article 8 (1), as well as the establishment and abolition in the institutions of teaching conducive to the acquisition of formal qualifications and validity throughout the national territory, shall be made on a proposal from the University, in accordance with the terms set out in Chapter I of this Title.

TITLE III

From Government and University Representation

CHAPTER I

From Public Universities

Article 13. Governing bodies and representation of public universities.

The Statutes of the Public Universities shall establish at least the following bodies:

(a) Colleges: Social Council, Governing Council, University Cloister, Advisory Board, Faculty Boards, Technical or Higher Technical School and University School or Polytechnic University, and Councils of Department.

b) Unipersonal: Rector, Vice-Chancellors, General Secretary, Manager, Dean of Faculties, Directors of Technical or Technical Schools Superiors, University Schools or Polytechnic University Schools, of Departments and University Research Institutes.

The election of the representatives of the various sectors of the university community in the University of the University, in the Faculty or School Boards, and in the Councils of the Department, will be carried out by universal suffrage, free, equal, direct and secret. The Statutes shall lay down the applicable electoral rules.

Article 14. Social Council.

1. The Social Council is the society's participation organ in the University.

2. It is for the Social Council to supervise the economic activities of the University and the performance of its services; to promote the collaboration of the society in the financing of the University, and the relations between it and its cultural, professional, economic and social environment in the service of the quality of the university activity, to which the appropriate information of the National Agency for the Evaluation of Quality and Accreditation may be available.

It also has the approval of the budget and the multiannual programming of the University, on a proposal from the Governing Council. In addition, prior to the procedure for the submission of accounts referred to in Articles 81 and 84, it is for the University to approve the annual accounts of the University and those of the institutions which may depend on it and without prejudice to the legislation a commercial or other such entity may be subject to its legal personality.

3. The Law of the Autonomous Community shall regulate the composition and functions of the Social Council and the designation of its members among personalities of cultural, professional, economic, labor and social life, who may not be members of the University community. They shall, however, be members of the Social Council, the Rector, the Secretary-General and the Manager, as well as a teacher, a student and a representative of the administration and services staff, elected by the Governing Council from among its members. The President of the Social Council shall be appointed by the Autonomous Community.

4. The Social Council, for the proper performance of its tasks, shall have sufficient support and resources.

Article 15. Governing Council.

1. The Governing Council is the governing body of the University. It establishes the strategic and programmatic lines of the University, as well as the guidelines and procedures for its implementation, in the fields of organization of the teaching, research, human and economic resources and the elaboration of the budgets, and exercises the functions provided for in this Law and those establishing the Statutes.

2. The Governing Council shall be constituted by the Rector, who shall preside, the Secretary-General and the Manager, and a maximum of fifty members of the university community itself. Of these, 30 percent will be designated by the Rector; the 40 percent chosen by the Claustro, among its members, reflecting the composition of the different sectors of it, and the remaining 30 percent elected or appointed from among the Faculty, Directors of School and Directors of Department and University of Research, as established by the Statutes. In addition, they will be members of the Governing Council, three members of the Social Council, not belonging to the university community itself.

Article 16. University Cloister.

1. The University Cloister is the highest organ of representation of the university community. He will be trained by the Rector, who will chair him, the Secretary-General and the Manager, and a maximum of three hundred members.

It is up to you to draw up the Statutes and other functions attributed to you by this Law.

2. The Cloister, with extraordinary character, may call elections to Rector at the initiative of one-third of its members and with the approval of two-thirds.

The approval of the initiative will lead to the dissolution of the Cloister and the cessation of the Rector that will continue in office until the inauguration of the new Rector. The procedure shall be established by the Statutes.

If the initiative is not approved, none of its signatories will be able to participate in the presentation of another initiative of this character until a year after the vote.

3. The Statutes will regulate the composition and duration of the mandate of the Cloister, in which the various sectors of the university community will be represented. At least fifty-one percent of its members will be medical officers of the university faculty.

4. The elections of representatives of the Cloister in the Governing Council shall be held by and among the members of each of the eligible sectors.

Article 17. Advisory Board.

1. The Advisory Board is the regular advisory body of the Rector and the Governing Council on academic matters, and is empowered to make proposals to them.

2. The Consultative Board, chaired by the Rector, shall be composed of the Secretary-General and a maximum of forty members appointed by the Governing Council among professors and researchers of recognized prestige, with teaching merits and researchers accredited by the relevant positive assessments in accordance with the current rules. The Statutes shall govern their operation.

Article 18. School or School Board.

The School or School Board, chaired by the Dean or Director, is the governing body of this. The composition and the procedure for the election of its members shall be determined by the Statute. At least fifty-one percent of its members will be officials of university teaching bodies.

Article 19. Department Council.

The Board of Directors, chaired by its Director, is the governing body of the Board. It will be composed of the doctors who are members of the Department, as well as a representation of the rest of the teaching staff and non-medical researcher in the form that the Statutes determine. In any event, the Statutes shall ensure the presence of a representation of the students and the staff of administration and services.

Article 20. Rector.

1. The Rector is the highest academic authority of the University and holds the University's representation. He exercises the direction, government and management of the University, develops the lines of action approved by the corresponding collegiate bodies and executes his agreements.

It is up to you how many competencies are not expressly attributed to other organs.

2. The Rector will be elected by the university community, by direct election and free and secret universal suffrage, among officials of the body of University Catedratics, in active, who provide services in this one. It shall be appointed by the relevant organ of the Autonomous Community.

The Statutes shall govern the procedure for their choice, the duration of their term of office and the assumptions of their replacement in the event of vacancy, absence or illness.

3. The vote for the election of the Rector will be weighted, by sectors of the university community:

medical teachers belonging to university teaching bodies, other teaching staff and researchers, students, and administration and service personnel.

In any case, the joint vote of the medical professors belonging to the university teaching bodies will have the value of at least fifty-one percent of the total vote for candidates validly issued by the university community.

In each electoral process, the electoral commission or the body that is established by law, shall determine, after the vote is counted, the weighting coefficients to be applied to the vote for candidates validly. issued in each sector, to the effect of giving it its corresponding value in respect of the percentages fixed in those same Statutes, always respecting the minimum laid down in the preceding paragraph.

Will be proclaimed Rector, in the first round, the candidate who achieves the proportional support of more than half of the votes to candidates validly issued, once made and applied the weights contemplated in this section concretized by the Statutes.

If no candidate reaches it, a second vote will be taken to which only the two most supported candidates will be able to participate in the first vote, taking into account the aforementioned weightings. In the second round, the candidate who obtains the simple majority of votes will be proclaimed, taking into account those same weightings.

In the case of a single candidacy only the first round will be held.

4. The Rector, for the development of the competencies attributed to him in paragraph 1 of this article, will be assisted by a Board of Directors in which the Vice-Chancellors, the Secretary-General and the Manager will be present.

Article 21. Vice Chancellors.

The Rector may appoint Vice-Chancellors among the professors who provide services at the University.

Article 22. Secretary-General.

The Secretary-General, who will be appointed by the Rector among public officials of the group A who will serve at the University, will also be the Governing Council and the Advisory Board.

Article 23. Manager.

The Manager is responsible for the management of the administrative and economic services of the University. It will be proposed by the Rector and appointed by the Rector in agreement with the Social Council. The Manager may not exercise teaching duties.

Article 24. Deans of Faculty and School Directors.

The Dean of Faculty and Directors of the School have the representation of their centers and exercise the functions of management and ordinary management of the schools.

They will be chosen, in the terms established by the Statutes, among medical professors belonging to the university teaching bodies attached to the respective center.

In its absence, in the University Schools and in the Polytechnic University Schools, the Director will be chosen among officials of non-medical university faculty or faculty hired.

Article 25. Department Directors.

The Directors of the Department have the representation of the Department and exercise the functions of management and management of the Department. They will be chosen by the Council of Departments in the terms established by the Statutes, among the medical professors belonging to the university faculty members.

In their absence, in the Departments constituted on the areas of knowledge referred to in Articles 58 (3) and 59, officials may be the officials of the non-medical university teaching bodies or teachers hired doctors.

Article 26. Directors of University Research Institutes.

The Directors of Research University Institutes have the representation of these and exercise the functions of management and ordinary management of them. They shall be appointed among doctors in the form they establish the Statutes.

At the University Institutes of Research attached to public universities, the agreement will be in line with the agreement.

CHAPTER II

From Private Universities

Article 27. Governing bodies and representation of private universities.

1. The rules for the organisation and operation of private universities shall establish their governing and representation bodies, as well as the procedures for their designation and removal.

2. The unipersonal governing bodies of the private universities shall have the same name as the one established for those of the public universities and their holders shall be in possession of the title of Doctor when required for the same purposes. organs of those.

TITLE IV

From The University Coordination Council

Article 28. Nature and functions.

The University Coordination Council is the highest advisory and coordinating body of the university system. It corresponds to the functions of consultation on university policy, and the functions of coordination, programming, report, advice and proposal in the subjects related to the university system, as well as those that determine the Law and its provisions development.

Article 29. Composition.

The University Coordination Council, whose presidency will be the Minister of Education, Culture and Sport, will be composed of the following vowels:

(a) Those responsible for university education in the Governing Councils of the Autonomous Communities.

b) The Rectors of Universities.

(c) Twenty-one members, appointed for a period of four years, among personalities of academic, scientific, cultural, professional, economic and social life, and appointed seven by the Congress of Deputies, seven by the Senate and seven by the Government. Members of the General Administration of the State may also be among the members of the Government's designation.

Article 30. Organization.

1. The University Coordination Council will operate in plenary and in commissions.

2. The plenary session, chaired by the President of the University Coordination Council or a member of the Council, will have the following functions: to draw up the Council Regulation and to raise it to the Minister for Education, Culture and Sport for his approval by the Government; propose, as appropriate, amendments to that Regulation; draw up the annual report of the Council, and those other than those laid down in its Rules of Procedure.

3. The Commissions, chaired by the President of the University Coordination Council or person to whom it delegates, shall be:

(a) The Coordination Commission, which shall be composed of the members referred to in point (a) of the previous Article and those other vowels referred to in point (c) of the same article as the President designate. This Commission, which shall regularly account for the plenary of its agreements and decisions, shall be responsible for the tasks to be determined in that Regulation and, in any event, to be attributed to the University Coordination Council by this Law. relationship to the powers reserved for the State and the Autonomous Communities.

(b) The Academic Commission, which shall be composed of the vowels referred to in point (b) of the previous Article and those other vowels referred to in point (c) which the President designates. This Commission, which shall regularly account for the plenary of its agreements and decisions, shall be responsible for the tasks to be determined in that Regulation and, in any event, to be attributed to the University Coordination Council by this Law. relationship with the faculties of the Universities in use of their autonomy.

(c) The Joint Committee, which shall be composed of members of the three groups referred to in the previous Article in equal proportion, chosen by them, and in the number to be determined by the Regulation of the Coordinating Council University. The role of the Commission is to raise the other two motions for a resolution or report on those matters in which the latter are required to act. In case of disagreement between the same the pronouncement of the Council of University Coordination will be that of the Joint Commission.

4. The Regulation of the University Coordination Council shall determine, in accordance with the provisions of the preceding paragraphs, the number, composition, form of designation of the members and functions of the Subcommittees to be constituted.

5. Both the Commissions and the Subcommittees will be able to count, for the development of their work, with the collaboration of experts in the subjects that are their own. The involvement of these experts with the University Coordination Council may be of a permanent or temporary nature. The Regulation will regulate the relations of these experts with the University Coordination Council.

6. In matters that apply exclusively to the public university system, in the University Coordination Council and its organs, the Rectors of the private universities and the Catholic Church will not have the right to vote.

7. The General Secretariat of the University Coordination Council, under the direction of a Secretary-General, appointed by the Government, on a proposal from the Minister of Education, Culture and Sport, shall exercise the functions assigned to it by the Regulation.

TITLE V

From assessment and accreditation

Article 31. Quality assurance.

1. The promotion and guarantee of the quality of Spanish universities, at national and international level, is an essential end of university policy and aims to:

a) The measurement of the performance of the public service of university higher education and the accountability to society.

b) The transparency, comparison, cooperation and competitiveness of universities at national and international level.

c) The improvement of teaching and research activities and the management of universities.

d) Information to public administrations for decision-making in the field of their competencies.

e) Information to society to promote excellence and mobility of students and teachers.

2. The objectives set out in the previous paragraph shall be met by the assessment, certification and accreditation of:

(a) The teachings leading to the obtaining of official titles and validity throughout the national territory, for the purposes of their approval by the Government in the terms provided for in Article 35, as well as of the titles In accordance with the provisions of Article 38

(b) The teachings leading to the attainment of diplomas and qualifications of universities and higher education institutions.

c) The teaching, research and management activities of university faculty.

d) The activities, programmes, services and management of higher education institutions and institutions.

(e) Other activities and programmes which may be carried out as a result of the promotion of the quality of teaching and research by public administrations.

3. The evaluation functions, and the certification and accreditation procedures referred to in the previous paragraph, correspond to the National Agency for the Evaluation of Quality and Accreditation and to the evaluation bodies that the Law of Autonomous Communities shall determine, within the scope of their respective powers, without prejudice to those developed by other assessment agencies of the State or the Autonomous Communities.

Article 32. National Quality Assessment and Accreditation Agency.

By agreement of the Council of Ministers, prior to the report of the University Coordination Council, the Government will authorize the establishment of the National Agency for the Evaluation of Quality and Accreditation.

TITLE VI

Of the teachings and titles

Article 33. From the teaching function.

1. Teaching for the exercise of professions that require scientific, technical or artistic knowledge, and the transmission of culture are essential missions of the University.

2. Teaching is a right and a duty of the professors of the Universities that will exercise with the freedom of professorship, without more limits than those established in the Constitution and in the laws and the derivatives of the organization of the teachings in their Universities.

3. The activity and teaching dedication, as well as the training of the teaching staff of the Universities, will be relevant criteria, attended to their timely evaluation, to determine their efficiency in the development of their professional activity.

Article 34. Establishment of university degrees and the general guidelines of their curricula.

1. University degrees which are official and valid throughout the national territory, as well as the general guidelines of the curricula to be submitted for obtaining and type-approval, shall be established by the Government, either on its own initiative, following a report by the University Coordination Council, or on a proposal from this Council.

2. The titles referred to in the previous paragraph, which shall be included in the Catalogue of Official University Titles approved by the Government, shall be issued on behalf of the King by the Rector of the University in which they were obtained.

3. The universities will be able to establish teaching courses leading to the attainment of their own diplomas and diplomas, as well as training courses throughout their lives. These diplomas and diplomas shall not have the effect that the legal provisions give to those referred to in paragraph 1.

Article 35. Approval of plans for studies and certificates.

1. Subject to the general guidelines established, the universities will develop and approve the plans of studies leading to the obtaining of university degrees of official character and validity throughout the national territory, corresponding to lessons that have been established by the Autonomous Communities.

2. Prior to their referral to the University Coordination Council, the universities will have to put the plans of studies in the knowledge of the Autonomous Community corresponding to the effects of obtaining the favourable report on the the economic assessment of the curriculum and its suitability for the requirements referred to in Article 4 (3

.

3. The Universities, obtained from the report of the Autonomous Community, shall forward the curricula to the University Coordination Council for the purpose of verifying their adjustment to the general guidelines referred to in paragraph 1 and of the subsequent approval by the Council of the European Union. Six months after receipt by the University Coordination Council of the above mentioned plans of study, and there has been no resolution in this respect, they shall be deemed to have been approved.

4. The Government, accredited to the approval of the curriculum and the fulfilment of the requirements referred to in paragraph 2, shall approve the corresponding titles, for the purpose of allowing the Autonomous Community to authorise the impartition of the teaching and the University to proceed, in due course, to the issue of the titles. In order to approve diplomas whose teaching is taught by private university institutions, it will be necessary for them to be integrated as centres of their own in a private university or attached to a public university.

5. For the purposes of this article, after the period of implementation of a curriculum, the universities will have to submit to the National Agency for Quality Assessment and Accreditation the effective development of the teaching. The Agency shall give an account of that assessment to the University Coordination Council and the relevant Autonomous Community, as well as to the Government which, where appropriate, shall adopt the measures in accordance with the provisions of paragraph 1. next.

6. The Government shall establish the procedure and the criteria for the suspension or revocation of the approval of the title which, where appropriate, may be carried out by failure to comply with the general requirements or guidelines referred to in Article 1 (2). paragraphs 1 and 2, as well as the consequences of suspension or revocation.

Article 36. Validation or adaptation of studies, equivalence of degrees and type-approval of foreign securities.

1. The University Coordination Council shall regulate the general criteria to be followed by the Universities in the field of validation and adaptation of studies in Spanish or foreign academic institutions, for the following purposes: of such studies.

2. The Government, after a report from the University Coordination Council, will regulate:

(a) The conditions for the declaration of equivalence of Spanish degrees of university or non-university higher education to those referred to in Article 34.

(b) The conditions for the approval of foreign certificates of higher education.

Article 37. Structure of the teachings.

University studies will be structured at most in three cycles. The improvement of the studies shall be entitled, in the terms established by the Government, prior to the report of the University Coordination Council, and according to the type of cyclical teaching in question, to the obtaining of the degrees of Diplomacy. university, Technical Architect, Technical Engineer, Licentiate, Architect, Engineer and Doctor, and those who replace them in accordance with the provisions of Article 88 (2).

Article 38. Doctorate.

Doctorate studies, leading to obtaining the corresponding official title and validity throughout the national territory, which aim at the specialization of the student in his research training within an area of scientific, technical, humanistic or artistic knowledge, will be organized and carried out in the form that the Statutes determine, according to the criteria that for obtaining the title of doctor approves the government, prior to Report of the University Coordination Council. In any case, these criteria will include the monitoring and improvement of study subjects and the elaboration, presentation and approval of an original research work.

TITLE VII

From research at the University

Article 39. Research, a function of the University.

1. Research, the foundation of teaching, means for the progress of the community and support for the social transfer of knowledge, is an essential function of the universities.

2. Freedom of research in the university area is recognised and guaranteed.

3. The University assumes, as one of its essential objectives, the development of scientific, technical and artistic research, as well as the training of researchers, and will address both basic and applied research.

Article 40. Research, law and the duty of university teachers.

1. Research is a right and a duty of the teaching staff and researcher of the Universities, in accordance with the general aims of the University, and within the limits established by the legal system.

2. The research, without prejudice to the free creation and organization by the Universities of the structures which, for their development, the same determine and the free individual research will be carried out, mainly, in groups of Research, Departments and Institutes of Research.

3. The research activity and dedication and the contribution to scientific, technological or artistic development of the teaching staff and researchers of the Universities will be relevant criteria, attended to their timely evaluation, to determine their efficiency in the development of their professional activity.

4. The universities will encourage the mobility of their teaching and research staff, in order to improve their training and research activity, through the granting of appropriate permits and licenses, in the framework of state legislation and autonomic and in accordance with the statutory provisions entered into that effect.

Article 41. Promotion of research, scientific development and technological innovation at the University.

1. The University will develop a research of excellence with the objectives of contributing to the advancement of knowledge, innovation and improvement of the quality of life of citizens and the competitiveness of companies.

2. The promotion of scientific research and technological development shall be the responsibility of the General Administration of the State and the Autonomous Communities, in accordance with the applicable legislation, without prejudice to the development of Universities ' own programmes and with the aim, among other objectives, to ensure:

a) The promotion of the quality and international competitiveness of research developed by Spanish universities.

b) The development of inter-and multidisciplinary research.

c) The incorporation of scientists and groups of scientists of particular relevance within the research initiatives by the Universities.

d) The mobility of researchers and research groups for the training of equipment and centres of excellence.

e) The incorporation to the Universities of technical staff of support to the research, taking into account the characteristics of the different scientific fields.

f) The coordination of research between different universities and research centres, as well as the creation of joint centres or structures between universities and other public and private research bodies, and, in their case, companies.

g) The linkage between university research and the productive system, as a way to articulate the transfer of the knowledge generated and the presence of the University in the process of innovation of the productive system and of the companies. Such a link may, where appropriate, be carried out through the creation of technology-based companies from university activity, in whose activities the teaching staff and research staff of the universities can participate. arrangements provided for in Article 83.

h) The generation of innovative systems in the organization and management by the Universities of the promotion of its research activity, the channeling of the research initiatives of its faculty, the transfer of the the results of the research and the collection of resources for the development of the research.

TITLE VIII

Of the students

Article 42. Access to the University.

1. The study at the University is a right of all Spaniards in terms established in the legal system.

2. For access to the University it will be necessary to be in possession of the bachelor's degree or equivalent.

3. The Universities, in accordance with the basic regulations established by the Government prior to the report of the Council of University Coordination and taking into account the scheduling of the offer of available places, will establish the procedures for the admission of students who apply to enter into centres of the same, always with respect to the principles of equality, merit and capacity.

The University Coordination Council will ensure that the universities program their admission procedures so that students can attend different universities.

Article 43. Offer of places in public universities.

1. The Autonomous Communities shall carry out the programming of the teaching offer of the public universities of their competence and their various centres, in accordance with them and in accordance with the procedures they establish.

The offer of places will be communicated to the Council of University Coordination for its study and determination of the general offer of teachings and squares, which will be published in the "Official State Gazette".

2. The public authorities will develop, in the framework of the general programming of university education, an investment policy aimed at adapting the capacity of the institutions to social demand, taking into account the public expenditure available, the forecasting the needs of society and the compensation of territorial imbalances.

Article 44. Maximum student admission limits.

The Government, for reasons of general interest or in order to meet requirements arising from Community Directives or international conventions, in agreement with the Autonomous Communities and after the Council's report University, may establish maximum limits for the admission of students in the studies concerned. These limits will affect all public and private universities.

Article 45. Grants and aid to the study.

1. To ensure the conditions of equality in the exercise of the right to education and to ensure that all students, regardless of their place of residence, enjoy the same opportunities for access to higher education, the State, (a) under its general budget, it shall establish a general system of grants and aid to the study aimed at removing obstacles of a socio-economic nature which, in any part of the territory, prevent or impede access or continuity of the higher education to those students who are in a position to pursue them with use.

For these purposes, the Government will determine, in a basic manner, the modalities and amounts of scholarships and study aids, the academic and economic conditions to be met by the candidates, as well as the Cases of incompatibility, revocation and reimbursement and any requirements are necessary to ensure equality in access to such grants and grants, without prejudice to the regulatory and enforcement powers of the Autonomous Communities.

For the purposes set out in the preceding paragraphs, account shall be taken of the uniqueness of the island territories and the distance to the peninsular territory in order to promote mobility and the conditions of equality in the exercise of the education of students from these territories.

2. The development, implementation and control of the general system of grants and aid to the study corresponds to the Autonomous Communities in their respective fields of competence and in collaboration with the Universities.

Subject to the provisions of the preceding paragraph, to ensure that the results of the application of the general system of grants and aid to the study are produced without prejudice to the guarantee of equality in the attainment of these in the entire national territory shall establish the appropriate coordination mechanisms between the State and the Autonomous Communities.

3. On the basis of the principles of equity and solidarity, public administrations and universities will cooperate to articulate effective systems for information, verification and control of grants and grants financed from public funds and for the better achievement of the objectives set out in the previous paragraphs.

4. In order to ensure that no one is excluded from the study at the University for economic reasons, the State and the Autonomous Communities as well as the universities themselves, they will implement a policy of grants, grants and credits to students and, in the case of In addition, the public universities will provide for partial or total exemption from the payment of public prices for the provision of academic services.

Article 46. Students ' rights and duties.

1. The study is a right and a duty of university students.

2. The statutes and rules of organization and operation shall develop the rights and duties of students, as well as the mechanisms for their guarantee.

In terms of legal order, students will be entitled to:

a) The study at the University of your choice, in the terms established by the legal system.

b) Equal opportunities and non-discrimination, due to personal or social circumstances, including disability, access to the University, entry into the centres, stay at the University and exercise of their rights academics.

c) The orientation and information of the University on the activities of the University that affect them.

d) Advertising of the rules of the Universities that should regulate the verification of students ' knowledge.

e) Advice and assistance from teachers and tutors in the manner in which they are determined.

f) Their representation in the governing bodies and representation of the University, in the terms established in this Law and in the respective Statutes or rules of organization and operation.

g) Freedom of expression, assembly and association at the university level.

(h) The guarantee of their rights, through appropriate procedures and, where appropriate, the performance of the University Ombudsman.

3. The universities will establish the procedures for verifying the students ' knowledge. In the public universities, the Social Council, prior to the report of the Council of University Coordination, will approve the rules governing progress and permanence at the University of the students, according to the characteristics of the respective studies.

4. Students shall enjoy the protection of Social Security under the terms and conditions laid down in the legislation in force.

TITLE IX

From Teachers

CHAPTER I

From Public Universities

Article 47. Teaching and research staff.

The teaching and research staff of the public universities will be composed of officials from the university faculty and hired staff.

SECTION 1 OF FACULTY AND RESEARCH STAFF HIRED

Article 48. General rules.

1. In the terms of this Law and within the framework of its powers, the Autonomous Communities shall establish the regime of the teaching staff and the hired researcher of the Universities. They will be able to recruit, under employment, teaching staff and researchers among the following figures: assistant, assistant professor, professor, associate professor, associate professor, associate professor and visiting professor.

The total number of faculty and research staff employed may not exceed forty-nine percent of the total faculty and research staff of the University.

2. The recruitment of teaching and research staff will be done through public competitions, which will be given the necessary publicity and which will be communicated in good time to the University Coordination Council for dissemination. at all universities. The selection shall be made with respect to the constitutional principles of equality, merit and capacity. Preferential merit shall be deemed to be eligible for participation in the access contests referred to in Article 63.

3. The universities may recruit for work or service to teaching staff, research staff, technical staff or other personnel for the development of specific scientific or technical research projects.

Article 49. Helpers.

Assistants shall be recruited from among those who have exceeded all the subjects of study that are determined in the criteria referred to in Article 38 and with the main purpose of completing their research training. Recruitment shall be carried out on a full-time basis, for a duration of not more than four years. Assistants will also be able to collaborate on teaching assignments in terms of the Statutes.

Article 50. Teacher assistant doctors.

Professors ' assistants will be hired among Doctors who, for at least two years, have not had a contractual, statutory or as a scholarship relationship at the University in question, and prove to have performed during that period teaching and/or research tasks in centres not linked to it.

To develop teaching and research assignments, with full-time dedication, for a maximum of four years unextendable.

The procurement will require the prior positive evaluation of its activity by the National Agency for Quality Assessment and Accreditation or the external evaluation body that the Law of the Autonomous Community determines.

Article 51. Collaborating teachers.

The collaborators will be hired by the Universities to teach only those areas of knowledge that the Government establishes, prior to the report of the Council of University Coordination, between Graduates, Architects and Engineers or University Diplomates, Technical Architects and Technical Engineers. In any case, they shall have a favourable report from the National Agency for the Evaluation of Quality and Accreditation or the external evaluation body to be determined by the Law of the Autonomous Community.

Article 52. Professors hired doctors.

The professors hired doctors will be for the development of teaching and research tasks, or priority of research, among Doctors who credit at least three years of teaching and research activity, or As a priority researcher, post-doctoral, and receive the positive evaluation of such activity by the National Agency for Quality Assessment and Accreditation or the external evaluation body that the Law of the Autonomous Community determine.

Article 53. Associate professors.

Associate teachers will be hired, on a temporary basis, and with part-time dedication, among specialists of recognized competence who demonstrate to exercise their professional activity outside the University.

Article 54. Emeritus and visiting teachers.

1. Public universities may contract on a temporary basis, in employment and in accordance with the provisions laid down in the Statute, teachers who are among retired officials of the university teaching bodies who have provided services. outstanding to the University.

2. The visiting professors will be hired, temporarily, among professors or researchers of recognized prestige, from other universities and research centers, both Spanish and foreign.

Article 55. Remuneration of the teaching staff and contracted investigator.

1. The Autonomous Communities shall regulate the remuneration of the teaching staff and research staff employed in the public universities.

2. The Autonomous Communities may also establish additional remuneration linked to individual teaching, research and management merits.

Within the limits set by the Autonomous Communities for this purpose, the Social Council may, on a proposal from the Governing Council, agree on the individual and individual allocation of such remuneration supplements.

3. Without prejudice to the provisions of the previous paragraph, the Government may establish teacher and research incentive programmes comprising the teaching staff and the research staff.

4. The remuneration supplements arising from the development of the two preceding paragraphs shall be assigned upon assessment of the merits by the National Agency for the Evaluation of Quality and Accreditation or by the external evaluation body as provided by the Law of the Autonomous Community determines.

SECTION 2 OF THE FACULTY OF UNIVERSITY TEACHING BODIES

Article 56. University teaching bodies.

1. The official university faculty shall belong to the following teaching bodies:

a) University Catedratics.

b) Professors of University.

c) University Schools Catedratics.

d) Professors of University Schools.

University Professors and Professors will have full teaching and research capacity.

Professors and Professors of University Schools will have full teaching capacity and, when they are in possession of the title of Doctor, also full research capacity.

2. The official university faculty shall be governed by this Law and its implementing provisions, by the general legislation of officials that is applicable to it and by the Statutes.

With regard to the officials of the university teaching bodies who provide their services at the University, it will be up to the Rector to take the decisions regarding administrative situations and disciplinary arrangements, derogation from the separation of the service, which shall be agreed by the competent body in accordance with the legislation of officials.

Article 57. National enablement.

1. The procedure for access to the bodies of university teachers will follow the system of prior national qualification. It will come defined by the category of the body and the area of knowledge. The Government will regulate the enabling system, following a report from the University Coordination Council.

Empowering to participate in competitions for access to bodies of university teaching officials. Once the qualified candidate has been selected by a public university in the corresponding access contest, the appropriate appointment has been conferred and has taken possession of the place, will acquire the status of official of the career of the university teaching staff in question, with the rights and duties that are of its own.

2. The call for evidence of empowerment shall be carried out by the University Coordination Council and shall be published in the "Official State Gazette".

3. The enablement tests shall be public and each shall be eliminated.

4. The qualification tests shall be judged by commissions composed of seven teachers in the relevant knowledge area or, where appropriate, related, all of them belonging to the body of university teaching officers whose qualification is treat, or university teaching bodies of equal or higher categories. In the event that the members of the said Commissions are Professors of University Schools, University Schools or University Professors shall have at least the recognition of a period of research activity in accordance with the provisions of Royal Decree 1086/1989 of 28 August 1989 on the remuneration of university teachers, or the replacement rule, and two of the abovementioned periods in the case of Catedratitics University.

The members of the Enablement Commissions will be chosen by public sweepstakes by the University Coordination Council and according to the procedure that the Government establishes. He will act as President of the oldest University Professor or, as the case may be, the oldest University Professor or Professor of University Schools. The tests will be held at the President's University of Education.

In the aforementioned enabling commissions, one of its members may be a scientific officer and investigator belonging to the Escalas of the Superior Council of Scientific Research, according to the additional provision Twenty-sixth.

5. The commissions, finalized the tests, will raise binding proposals to the Council of University Coordination, which will proceed to the empowerment of the candidates.

Article 58. Enabling Teachers of University Schools.

1. In order to obtain the qualification for the body of Teachers of University Schools, it will be necessary to be in possession of the degree of Bachelor, Architect or Engineer or, exceptionally, in those areas of knowledge that the Government, prior to the report of the University Coordination Council, University Diplomat, Technical Architect or Technical Engineer and to overcome the corresponding tests.

2. The rating shall consist of two tests. The first will consist of the presentation and discussion with the Commission of the merits and academic history, teacher and researcher of the candidate, as well as of its teaching project, which will include the program of one of the subjects or specialties of the area knowledge in question. The second will consist of the presentation and discussion with the Commission of a programme theme presented by the candidate and chosen by the candidate, from three to draw.

3. Only training tests and competitions for access to the body of Teachers of University Schools may be convened for those areas of knowledge which, for these purposes, will be established by the Government prior to the report of the Council of University Coordination.

Article 59. Qualification of University and University School Teachers.

1. In order to obtain the qualification for the bodies of the Faculty of University and of the University Schools, it will be necessary to be in possession of the title of Doctor and to overcome the corresponding tests.

2. The rating shall consist of three tests. The first will consist of the presentation and discussion with the Commission of the merits and academic history, teacher and researcher of the candidate, as well as of its teaching and research project, which will include the program of one of the subjects or specialties of the area of knowledge in question. The second will consist of the presentation and discussion with the Commission of a programme theme presented by the candidate and chosen by the candidate, from three to draw. The third test will consist of the presentation and discussion with the Commission of an original research work.

In order to be part of the enabling Commissions, the University Schools ' Catedratics must be in possession of the title of Doctor.

3. Only training tests and competitions for access to the body of University Schools for those areas of knowledge which, for these purposes, will be established by the Government, may be called prior to the report of the Coordination Council. University.

Article 60. Enabling University Catedratics.

1. In order to obtain the qualification for the body of University Catedratics, it will be necessary to have the status of Professor Titular University or University Schools with three years of seniority and degree of Doctor. The University Coordination Council shall exempt those who prove that they have the status of Doctor with at least eight years of seniority and obtain a positive report on their teaching and research activities by the Agency. National Quality Assessment and Accreditation. In addition, the relevant tests shall be exceeded.

2. The rating shall consist of two tests. The first will consist of the presentation and discussion with the Commission of the merits and academic history, teacher and researcher of the candidate. The second, in the presentation to the Commission and debate with this one of the original research work.

Article 61. Staff of bodies of university teaching officers occupying a position linked to health care services.

The staff of the bodies of university professors who occupy a square linked to the care services of health institutions, in areas of knowledge of clinical care, according to the Article 105 of Law 14/1986, of 25 April, General of Health, shall be governed by the provisions of this article and the other of this Law that apply to it. Such a place shall be considered, for all purposes, as a single job.

In the light of the peculiarities of these places, they will also be governed by Law 14/1986 of 25 April, General of Health, and other health legislation, as well as by the rules that the Government, joint proposal by the Ministers for Education, Culture and Sport and for Health and Consumer Affairs and, where appropriate, Defence, to establish in relation to these officials. In particular, these rules will determine the exercise of powers over administrative situations, the disciplinary regime of this staff will be specified and, on the proposal of the Minister of Finance, will be established at the joint initiative of the Ministers referred to in the preceding paragraph, the remuneration system applicable to the aforementioned staff.

Article 62. Procedure for enabling.

1. The public universities, in the way they establish their Statutes and in order to meet the teaching and research needs, will agree the places that will be provided by means of access competition between enabled, to which they will communicate it to the General Secretariat of the University Coordination Council, in the form and deadlines established by the Government.

2. The General Secretariat of the University Coordination Council shall indicate the number of ratings to be convened in each area of knowledge, depending on the number of seats communicated to the General Secretariat, ensure the possibility of selection of the Universities between the enabled.

3. The enabling commissions may not propose to the General Secretariat of the University Coordination Council the enabling of a higher number of candidates for the number of ratings referred to in paragraph 2, but a lower number than the number of candidates. even the non-enablement of any candidate.

Article 63. Call for competitions.

1. Public universities shall call for the corresponding access contest for bodies of teachers, provided that the places are equipped with the state of expenditure of their budget and have been communicated to the General Secretariat of the Council. University Coordination for the purposes referred to in paragraph 1 of the previous Article, within the time limits to be laid down.

Within the maximum period of two years from the communication referred to in the preceding paragraph, and once the corresponding habilitation tests have been conducted, the place shall be provided, in any case, provided that there are contestants to the same.

2. The access competitions will be called by the University and published in the "Official State Gazette" and in the Autonomous Community. They shall be decided, at each University, by a Commission established for that purpose, in accordance with the procedure laid down in its Statute.

For the purpose of obtaining a place in a university, they will be able to participate in the competitions, together with the body of the body in question, the officials of that body, and those of university professors of equal or higher categories, regardless of their administrative situation.

Article 64. Test guarantees.

1. The qualification tests and access contests shall be ensured at all times, the equal opportunities of the candidates and the respect for the principles of merit and capacity of the candidates.

2. The Statutes shall regulate the procedures for the appointment of members of the committees of the access competitions. They shall be based on objective and general criteria and shall ensure, in any case, full teaching and research competence of those members.

The members of the Commissions referred to in the preceding paragraph, who belong to one of the teaching bodies referred to in Article 56 (1), shall have the recognition of the periods of activity a minimum investigator, who, for each of the above bodies, is set out in Article 57 (4

.

3. In the access competitions, the Universities will make public the composition of the Commissions, as well as the criteria for the allocation of the places.

Article 65. Appointments.

The commissions that judge the access contests will propose to the Rector, motivated and in a binding manner, a relation of all the candidates in order of preference for their appointment. The appointments, the number of which may not exceed the number of places called for tender, shall be made by the Rector, registered in the corresponding Register of Personnel, published in the "Official Gazette of the State" and in that of the Autonomous Community, and communicated to the University Coordination Council.

The square obtained after the access contest referred to in Article 63 must be held for at least two years before being able to participate in a new contest for the purpose of obtaining a place at another University.

Article 66. Claims commissions.

1. Against the proposals of the enabling commissions, candidates may submit a complaint to the University Coordination Council.

Admitted the claim, this will be valued by a Commission formed by seven University Catedratics, from various areas of knowledge, with extensive teaching and research experience, appointed by the Coordinating Council University. This Commission, which will be chaired by the oldest University Professor, will examine the file relating to the test of habilitation to ensure the guarantees provided for in Article 64 (1) and ratify or not the proposal. claimed, within a maximum of three months.

2. Against the proposals of the Commissions of the competitions of access the contestants will be able to present to the Rector. If the complaint is accepted, the appointments will be suspended until resolution by the latter.

This claim will be valued by a Commission composed of seven University Catedratics from various areas of knowledge, with extensive teaching and research experience, appointed in the form that the Statutes establish.

This Commission will examine the tender file to ensure the guarantees provided for in Article 64 (1) and ratify or not the proposed proposal within the maximum period of three months.

3. The resolutions of the Council of University Coordination and the Rector referred to in the previous paragraphs of this article deplete the administrative route and will be directly impugable before the judicial-administrative jurisdiction, according to the with the provisions of Law 30/1992 of 26 November.

Article 67. Surplus reentry to the active service.

The return to the active service of the officials of university teachers in a situation of voluntary leave will be carried out obtaining a place in the competitions of access to the university teaching bodies that any Convoque university, in accordance with the provisions of Article 63 (2).

The re-entry may also be carried out at the University to which the university of origin previously belonged to the surplus, requesting from the Rector the provisional admission to a place of the same, with the the obligation to participate in all access contests are called by the University to cover places in its body and area of knowledge, losing the provisional membership case of not doing so.

Interim membership shall be made in the form and with the effects which, in compliance with the principles recognised by the general law of officials in the case of re-entry to the active service, shall determine the Statutes.

However, the re-entry shall be automatic and final, at the request of the person concerned to the University of origin, provided that at least two years have elapsed in excess of five years, and that they do not exceed five years, and if there is a vacant seat of the same body and area of knowledge.

Article 68. Regime of dedication.

1. The teaching staff of the public universities shall perform their duties preferably on a full-time basis, or on a part-time basis. The dedication shall in any case be compatible with the carrying out of scientific, technical or artistic work referred to in Article 83, in accordance with the basic rules laid down by the Government, following the report of the Coordination Council. University.

2. The full-time dedication of the university faculty will be a necessary requirement for the performance of single-personal organs of government which, under no circumstances, will be able to be exercised simultaneously.

Article 69. Remuneration of teaching staff and civil servants.

1. The Government shall determine the remuneration of the teaching staff and university researchers belonging to the bodies of officials. This scheme, which shall be uniform in all universities, shall be that laid down by the general legislation of officials, appropriate, in particular, to the characteristics of such staff. For these purposes, the Government shall establish the intervals of levels or categories within each level corresponding to each teaching body, the requirements of promotion from one to the other, as well as its remuneration consequences.

2. The Government may provide additional remuneration to the former and related to individual teaching, research and management merits.

3. The Autonomous Communities may also establish additional remuneration linked to individual teaching, research and management merits.

Within the limits set by the Autonomous Communities for this purpose, the Social Council on a proposal from the Governing Council may agree on the individual and individual allocation of such remuneration supplements.

4. The remuneration supplements arising from the development of the two preceding paragraphs shall be allocated on the basis of a valuation of the merits by the National Agency for the Evaluation of Quality and Accreditation or by the external evaluation body as provided by the Law of The Autonomous Community determines.

Article 70. Relationships of teacher jobs.

1. Each public university shall establish annually, in the state of expenditure of its budget, the relation of the positions of its faculty, in which all the places of faculty, including staff, shall be related, duly classified. teacher and contract researcher.

2. The relations of the University's working party shall, in any event, be adapted to the requirements of the second subparagraph of Article 48 (1

.

3. The universities may modify the employment relationship of their teachers by extension of the existing places or by minoring or changing the name of the vacant places, in the form indicated by their Statutes and without prejudice to the provided for in Article 82.

Article 71. Areas of knowledge.

1. The names of places in the employment relationship of teachers in university teaching staff will correspond to those in the existing areas of knowledge. To these effects, the knowledge area will be understood as those fields of knowledge characterized by the homogeneity of their object of knowledge, a common historical tradition and the existence of communities of professors and researchers, national or

2. The Government will establish and, where appropriate, review the catalogue of areas of knowledge, prior to the report of the University Coordination Council.

CHAPTER II

From Private Universities

Article 72. Teaching and research staff.

1. The teaching and research staff of the private universities shall be in possession of the academic qualification provided for in the legislation referred to in Article 4 (3

.

2. Irrespective of the general conditions laid down in accordance with Article 4 (3), at least twenty-five per cent of the total of its staff shall be in possession of the title of Doctor and have obtained the assessment positive of their teaching and research activities by the National Agency for Quality Assessment and Accreditation or the external evaluation body that the Law of the Autonomous Community determines.

TITLE X

From the administration and services staff of the public universities

Article 73. The administration and service personnel.

1. The staff of administration and services of the universities will be made up of official staff of the scales of the own Universities and of the staff employed by the University, as well as by official staff belonging to the bodies and scales of other public administrations.

2. It is up to the administrative and service staff of the public universities to support, assist and advise the academic authorities, the exercise of management and administration, particularly in the areas of human resources, administrative organization, economic affairs, IT, archives, libraries, information, general services, as well as any other administrative and support management processes that are determined necessary for the University in the Compliance with your objectives.

3. The official administration and service personnel shall be governed by this Law and its implementing provisions, by the general legislation of officials, and by the provisions of its development which the Autonomous Communities draw up, and by the Statutes of his University.

The management and service staff, in addition to the provisions of this Law and its standards of development and the Statutes of its University, shall be governed by applicable labour law and collective agreements.

Article 74. Remuneration.

1. The management and service staff of the Universities shall be paid from the budgets of the Universities.

2. The universities shall establish the remuneration of the official staff, within the maximum limits determined by the Autonomous Community and in the framework of the bases that the State dictates.

Article 75. Selection.

1. The universities may create own staff scales in accordance with the qualifications required in accordance with the general law of the civil service.

2. The selection of administration and service personnel shall be carried out by means of the overcoming of the selective access tests, in such a way as to establish the laws and the Statutes that apply to them and to take account of the principles of equality, merit and capacity.

The advertising of the corresponding calls will be guaranteed in any case by publication in the "Official Gazette of the State" and in the "Boletín Oficial del Estado" (Official State Gazette).

3. The principles set out in paragraph 2 shall also be observed for the selection of contract staff.

Article 76. Provision of the seats.

1. The provision of staff positions of administration and services of the universities will be carried out by the system of competitions, to which both the staff of the same and the staff of other universities will be able to attend. Personnel belonging to bodies and scales of public administrations may be subject to the conditions which they shall determine.

2. Only those posts to be determined by the universities in accordance with the nature of their duties, and in accordance with the general rules of the public service, may be covered by the system of free designation.

3. The Statutes shall lay down the rules to ensure the provision of vacancies and the improvement and professional promotion of staff, in accordance with the principles of advertising, equality, merit and capacity.

4. The universities will promote the conditions for the staff of administration and services to perform their duties in universities other than the one of origin. To this end, agreements may be concluded between the universities or with other public administrations that guarantee the right to mobility of their respective staff under the principle of reciprocity.

Article 77. Situations.

It is up to the Rector of the University to take decisions regarding administrative situations and disciplinary arrangements for administration officials and services to perform duties on them, with derogation from the separation of the service, which shall be agreed by the competent body in accordance with the legislation of officials.

Likewise, it is up to the Rector to apply the disciplinary regime in the case of labor personnel.

Article 78. Representation and participation.

The participation of the administration and service personnel in the governing bodies and representation of the universities will be guaranteed, in accordance with the provisions of this Law and the Statutes.

TITLE XI

From the economic and financial regime of public universities

Article 79. Economic and financial autonomy.

1. Public universities shall have economic and financial autonomy in the terms set out in this Law. To this end, they shall have sufficient resources to perform their duties.

2. In the exercise of its economic and financial activity, public universities shall be governed by the provisions of this Title and in the financial and budgetary legislation applicable to the public sector.

Article 80. University heritage.

1. It constitutes the patrimony of each University the whole of its assets, rights and obligations. The goods concerned with the fulfilment of their purposes and the acts which, for the immediate development of such purposes, carry out, as well as their yields, shall enjoy tax exemption, provided that the taxes and exemptions are directly borne by the Universities in the legal concept of taxpayers, unless it is legally possible to transfer the tax burden.

2. The universities assume the ownership of the public domain goods affected to the performance of their functions, as well as those that, in the future, are destined for these same purposes by the State or by the Autonomous Communities. Except, in any case, the goods that integrate the Spanish Historical Heritage.

Where the goods referred to in the first subparagraph of this paragraph cease to be necessary for the provision of the university service, or are employed in functions other than the University's own, the Administration of origin may claim its reversal, or, if this is not possible, the reimbursement of its value at the time of the reversal.

Public Administrations may ascribe property of their ownership to the public universities for use in their own functions.

3. The administration and disposal of public domain goods, as well as assets, shall be in accordance with the general rules governing this matter.

Without prejudice to the application of the provisions of the Spanish Historical Heritage legislation, the acts of disposition of the real estate and the furniture of extraordinary value will be agreed by the University, with the approval of the Social Council, in accordance with the rules governing the Autonomous Community in this respect.

4. As regards the tax benefits of the public universities, it will be available to the non-profit entities in Law 30/1994, of 24 November, of Foundations and Tax Incentives to Private Participation in Activities of General Interest. The activities of patronage in favor of public universities will enjoy the benefits provided by the aforementioned Law.

Article 81. Programming and budgeting.

1. Within the framework of the Autonomous Communities, the Universities may draw up multiannual programmes which may lead to the approval, by the Autonomous Communities, of agreements and contracts-programmes which shall include their objectives, funding and assessment of compliance with them.

2. The budget shall be public, single and balanced, and shall comprise all its revenue and expenditure.

3. The universities ' budget will contain in their statement of income:

(a) Transfers for current and capital expenditures fixed annually by the Autonomous Communities.

b) Revenue from public prices for academic services and other rights that are legally established. In the case of studies leading to the obtaining of official titles and validity throughout the national territory, the public prices and rights shall be established by the Autonomous Community, within the limits established by the Coordinating Council. A university that will be related to the service delivery costs.

Also, compensation will be entered for the amounts resulting from the exemptions and reductions that are legally available in the field of public prices and other rights.

(c) The prices of own lessons, courses of specialisation and those relating to other activities authorised to the universities will be subject to what is established by the Social Council, and must, in any case, be approved together with the annual budgets in which they are to be applied.

d) Revenue from transfers of public and private entities, as well as inheritances, legacies, or donations.

e) Returns from their assets and other economic activities that they develop as provided for in this Law and in their own Statutes.

(f) All revenue from the contracts provided for in Article 83.

g) Cash balances and any other income.

(h) The product of the credit operations they have made, and must be compensated for the necessary budgetary balance of the Autonomous Community, which, in any case, must authorize any operation of indebtedness.

4. The structure of the budget of the universities, their accounting system, and the documents comprising their annual accounts must be adapted, in any case, to the rules which are generally established for the public sector. Within this framework, for the purposes of accounting standards, the Autonomous Communities may establish an accounting plan for the universities of their competence.

The status of current expenses will be accompanied by the employment relationship of the staff of all the categories of the University, specifying all the costs of the same. The costs of teaching and research staff, as well as administration and services, shall be authorised by the Autonomous Community.

5. The universities are obliged to be accountable for their activity to the audit body of the Autonomous Community, without prejudice to the powers of the Court of Auditors.

For the purposes of the preceding paragraph, the Universities shall send to the Governing Council of the Autonomous Community the settlement of the budget and the other documents which constitute their annual accounts within the time limit. established by the applicable rules of each Autonomous Community or, failing that, in general legislation. The accounts in the Autonomous Community shall be forwarded to the audit body for the accounts of the Autonomous Community or, failing that, to the Court of Auditors.

Article 82. Development and implementation of budgets.

The Autonomous Communities shall establish the rules and procedures for the development and implementation of the universities ' budget, as well as for the control of investments, expenses and income of those, through the corresponding audit techniques, under the supervision of the Social Councils.

It will be legislation in this field to supplement legislation that is generally applicable to the public sector.

Article 83. Collaboration with other entities or individuals.

1. The research groups recognized by the University, the Departments and the University Research Institutes, and their faculty through the same or the organs, centers, foundations or similar organizational structures of the University dedicated to the channeling of the research initiatives of the faculty and to the transfer of the results of the research, they will be able to conclude contracts with people, Universities or public and private entities for the realization of scientific, technical or artistic work, as well as for the development of Expertise or specific training activities.

2. The Statute, within the framework of the basic rules laid down by the Government, shall lay down the procedures for the approval of the work and the conclusion of the contracts provided for in the preceding paragraph and the criteria for determining the destination of the the goods and resources they obtain.

Article 84. Creation of foundations or other legal persons.

For the promotion and development of its purposes, the Universities, with the approval of the Social Council, may create, on their own or in collaboration with other public or private entities, companies, foundations or other persons legal in accordance with applicable general law.

The founding endowment or the contribution to the social capital and any other contributions to the entities provided for in the preceding paragraph, from the University's budgets, shall be subject to the rules which, for this purpose, establish the Autonomous Community.

The entities in which the universities have a majority stake in their capital or equivalent wealth fund are subject to the obligation to be held to account in the same time and procedure as their own Universities.

TITLE XII

From overseas centers or teaching teaching according to foreign education systems

Article 85. Centers abroad.

1. The institutions that are dependent on Spanish universities abroad, which provide teaching courses leading to university degrees of official character and validity throughout the national territory, will have a structure and a in order to accommodate them to the requirements of the environment, in accordance with what is determined by the Government, and with what, where appropriate, the international conventions are in place.

In any case, its creation and suppression will be agreed by the Government, on a joint proposal of the Ministers of Education, Culture and Sport and Foreign Affairs, on a proposal from the Social Council of the University, and prior to the report of the University Governing Council, approved by the competent Autonomous Community, prior to the report of the University Coordination Council.

2. The provisions of the preceding paragraph shall apply in order to be able to teach in foreign language teaching in person, leading to the obtaining of university degrees of official character and validity throughout the national territory.

Article 86. Centers that teach teaching according to foreign education systems.

1. The Government, after a report of the University Coordination Council, will regulate the general framework in which Spain will be taught to teach foreign degrees of university higher education, as well as the conditions to be met by the centres which intend to teach such lessons.

The establishment in Spain of centres which, in any form, impart the teachings referred to in the preceding paragraph, shall require the authorization of the competent authority of the Autonomous Community in whose territory it is intends the establishment, prior to the report of the University Coordination Council.

2. In the terms laid down in the rules referred to in the preceding paragraph, the centres covered by this Article shall, in any event, be subject to the assessment of the National Agency for the Evaluation of Quality and Accreditation or, where appropriate, of the external evaluation body to be determined by the Law of the Autonomous Community. In this second case, the National Agency for Quality Assessment and Accreditation will, in any case, receive a copy of the report.

3. Higher education diplomas and training courses corresponding to foreign studies carried out, in whole or in part, in Spain may only be submitted to the approval or validation process if the centres where the studies were carried out have been established in accordance with the provisions of the preceding paragraphs, and the teachings sanctioned by the foreign title whose approval is intended to be effectively implemented at the foreign university or centre which would have been issued the title. The Government shall regulate, for the purposes of such approval, the conditions for access to studies in such centres.

4. The provisions of the foregoing paragraphs are without prejudice to the provisions of international treaties or conventions entered into by Spain or, where appropriate, the application of the principle of reciprocity.

5. The State and the Autonomous Communities, within the scope of their respective powers, shall ensure that the centres providing teaching in accordance with foreign education systems, as laid down in this Article, are complied with. as well as why students who enroll in them have correct information about the teachings and titles they can access.

TITLE XIII

European Higher Education Area

Article 87. Integration into the European Higher Education Area.

In the field of their respective competencies the Government, the Autonomous Communities and the Universities will take the necessary measures for the full integration of the Spanish system into the European space of higher education.

Article 88. Of the teachings and titles.

1. In order to promote the widest mobility of Spanish students and graduates in the European Higher Education Area, the Government, after a report from the University Coordination Council, will adopt the measures to ensure that official qualifications issued by the Spanish universities are accompanied by those elements of information that ensure transparency about the level and contents of the teachings certified by that title.

2. By way of derogation from Article 37, and in order to comply with the general lines emanating from the European Higher Education Area, the Government, after a report from the University Coordination Council, shall establish, reform or adapt the the cyclical modalities of each teaching and the official titles and validity throughout the national territory corresponding to them.

When these securities replace those referred to in Article 37, the Government, after a report of the University Coordination Council, shall determine the conditions for the approval of the new securities, as well as for the validation or adaptation of the teachings that they endorse.

3. In addition, the Government, after a report of the University Coordination Council, will establish the necessary rules for the unit of measure of the academic, corresponding to the improvement of each of the subjects that make up the plans of study of the various lessons to be learned in the field of formal qualifications and validity throughout the national territory, either the European credit or any other unit which is adopted in the European higher education area, and for the Universities accompany the official titles they issue, in the development of the provisions of the Article 34 of this Law, the European supplement to the title.

4. The State, the Autonomous Communities and the Universities will promote the mobility of students in the European higher education area through scholarship programmes and grants and credits to the study or, where appropriate, by supplementing the programmes of the grants and grants from the European Union.

Article 89. From the faculty.

1. The teachers of the universities of the Member States of the European Union who have attained a position equivalent to that of the Professor or Professor of University or Professor or Professor of University Schools be considered to be enabled for the purposes set out in this Law, in accordance with the procedure and conditions laid down by the Government, prior to the report of the University Coordination Council.

2. The teachers referred to in paragraph 1 may be a part of the Commissions referred to in Article 57 of this Law and, if the Universities so establish in their Statutes, of the Commissions responsible for resolving the competitions for access to university teaching bodies.

3. For the purposes of the concurrency to the testing of qualification and competitions of access to the bodies of university professors and to the calls for contracts of teachers that previews this Law, the nationals of the Member States of the The European Union shall enjoy the same treatment, with the same effects, as that of Spanish nationals.

The provisions of the preceding paragraph shall apply to nationals of those States to whom, pursuant to International Treaties concluded by the European Union and ratified by Spain, the movement of workers in the terms in which it is defined in the Treaty establishing the European Community.

4. The State, the Autonomous Communities and the Universities shall promote the mobility of teachers in the European Higher Education Area through specific programmes and conventions and the programmes of the European Union.

Additional disposition first. Of the Universities created or recognized by Law of the General Courts.

The General Courts and the Government will exercise the powers conferred by this Law, respectively, on the Legislative Assembly and the Governing Council of the Autonomous Communities, as far as the universities are concerned. created or recognized by Law of the General Courts, in accordance with the provisions of Article 4, and in attention to their special characteristics and scope of their activities, to the National University of Distance Education and the University International Menendez Pelayo.

Additional provision second. From the National University of Distance Education.

1. The National University of Distance Education will teach remote university teaching throughout the national territory.

2. In the light of its special characteristics, the Government will establish, without prejudice to the principles contained in this Law, a specific regulation of the National University of Distance Education, which will take into account, in any case, the their centres and agreements with the Autonomous Communities and other public and private entities, the specific teaching obligations of their teachers, as well as the system of guardians.

3. This regulation, in accordance with the provisions of Article 7, will provide for the creation of a Higher Centre for Virtual Education specifically dedicated to this mode of teaching in the various cycles of university studies. Given the special mode of education and the orientation of this institution, the organisation, staff arrangements and management procedures, as well as its financing, will be the subject of special provisions for the scheme. General of the National University of Distance Education.

Additional provision third. From the Menéndez Pelayo International University.

1. The Menéndez Pelayo International University, a university of high culture, research and specialization in which activities of different degrees and university specialties converge, has the mission of spreading culture and science, to promote the relations of exchange and scientific and cultural information of international and inter-regional interest and the development of activities of high research and specialization. To this end, it shall organise and develop, in accordance with the provisions of this Law, third-cycle teaching, which shall establish with the corresponding official titles of Doctor and other diplomas and diplomas awarded by the latter.

2. In the light of its special characteristics and scope of its activities, the Menéndez Pelayo International University will maintain its status as an autonomous body attached to the Ministry of Education, Culture and Sport, with legal personality and own heritage, and full capacity to carry out all kinds of acts of management and disposition for the fulfillment of its purposes, without any limitations other than those established by the laws.

3. The Menéndez Pelayo International University will enjoy autonomy in the exercise of its teaching, research and cultural functions, within the framework of its specific legal regime.

4. The Universidad Internacional Menéndez Pelayo shall be governed by the own rules of the Autonomous Bodies referred to in Article 43.1.a) of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, by the provisions of this Law which are applicable to it and the corresponding Statute.

Additional provision fourth. From the Universities of the Catholic Church.

1. The application of this Law to the Universities and other centers of the Catholic Church will be in accordance with the provisions of the agreements between the Spanish State and the Holy See.

2. The Universities established or established in Spain by the Catholic Church after the Agreement between the Spanish State and the Holy See of 3 January 1979 on Teaching and Cultural Affairs will be subject to the provisions of the This Law for private universities, with the exception of the need for recognition law.

In the same terms, university centers of non-ecclesiastical sciences not integrated as centers of their own in a Catholic Church University, and which is established in Spain, will be subject, to impart teaching leading to the obtaining of official titles and validity throughout the national territory, as provided for by this Law for the centers attached to a public university.

Additional provision fifth. Of the major colleges and university residences.

1. The major schools are university centers that, integrated in the University, provide residency to students and promote the cultural and scientific training of residents, projecting their activity to the service of the community. university.

2. The operation of the major schools will be regulated by the Statutes of each University and the members of each major college and will enjoy the benefits and tax exemptions of the University to which they are attached.

3. Universities may create or ascribe university residences in accordance with the provisions of their Statutes.

Additional provision sixth. From other higher education educational institutions.

Higher education educational institutions which, by the nature of the teachings they provide or the diplomas or diplomas which they are entitled to issue, do not integrate or do not proceed with their integration or membership of a university, under the terms of this Law, they shall be governed by the specific provisions applicable to them.

Additional provision seventh. From the concert regime between universities and health institutions.

It is up to the Government, on a proposal from the Ministries of Education, Culture and Sport and Health and Consumer Affairs, to report on the University Coordination Council, to establish the general basis of the concert regime between Universities and health institutions and health establishments, in which university education is to be provided, for the purpose of ensuring the practical teaching of Medicine, Pharmacy and Nursing and other teaching demand.

In these general bases, the participation of the Councils of Government of the Autonomous Communities will be foreseen in the singular concerts that, according to those, are signed between universities and health institutions.

Additional disposition octave. From the funding model of public universities.

For the purposes of Article 79, the University Coordination Council shall draw up a model of reference costs for public universities which, having regard to the minimum requirements of these universities, shall be purely (a) indicative criteria and variables which may serve as a standard for the development of models of financing by the public authorities, in the field of their competences and within the objective of budgetary stability, and to the universities for the development of its financing policies.

Additional provision ninth. Of the changes in private universities and higher education institutions attached to public universities.

1. The recognition of private universities will lapse if, after the deadline set by the Law of Recognition, the authorization for the commencement of academic activities has not been requested or is denied for lack of compliance with the requirements laid down in the legal order.

2. At the request of a private university, the competent organ of the Autonomous Community, and in accordance with the procedure laid down by it, may leave without effect the recognition of the institutions or teachings existing at that University. It will ensure that students who are taught the relevant teachings can finalize them in accordance with the general rules for the extinction of curricula.

The provisions of the preceding paragraph shall also apply in the case of the removal of centres attached to public universities.

3. If, after the beginning of its activities, the Autonomous Community appreciates that a private university or a university institution attached to a public university does not meet the requirements required by the legal system or the commitments In order to obtain recognition, or to separate from the institutional functions of the University referred to in Article 1, the University will require the regularisation of the situation in time. After the absence of such regularisation, the Autonomous Community may, after hearing the private university or the university centre attached to it, revoke the recognition of the centres or teachings concerned or communicate it to the Legislative Assembly, for the purpose of the possible revocation of the recognition of the private University.

Additional provision 10th. Of the temporary mobility of the staff of the Universities.

1. The public authorities will promote mobility mechanisms between universities and other research centres, with their corresponding funding programmes. They shall also promote measures to promote and collaborate between universities, non-university teaching centres, public administrations, enterprises and other public or private entities, in order to promote temporary mobility between their staff and the who provides their services in these entities.

2. For the purposes set out in the previous paragraph, account shall be taken of the uniqueness of the universities of the island territories and the distance to the peninsular territory. The Government, the Autonomous Communities and the Universities will establish, in coordination, a promotion line for the mobility of helpers.

Additional provision eleventh. Of the nationals of non-EU Member States.

1. The teacher contracts provided for in this Law will not be subject to conditions or requirements based on nationality.

2. For nationals of non-EU Member States, participation in the enabling evidence provided for in this Law shall not be subject to conditions or requirements based on nationality.

Non-Community foreign nationals will be able to take part in the access competitions and, where appropriate, to access the university teaching public function, when in the State of their nationality the Spanish recognize legal aptitude to occupy in university teaching positions analogous to those of the officials of the university teaching bodies at the Spanish University.

Additional disposition twelfth. Of the associated teachers in accordance with Article 105 of the General Health Law.

The associated teachers whose place and appointment will bring on the grounds of Article 105 (2) of Law 14/1986 of 25 April, General of Health, shall be governed by the rules of the associate professors of the University, with the peculiarities that they regulate in terms of the duration of their contracts.

The number of associate faculty positions to be determined at the concerts between the universities and the health institutions will not be taken into consideration for the purposes of the percentage set out in the second paragraph of the paragraph 1 of Article 48.

Additional disposition thirteenth. The recruitment of research, scientific or technical personnel in accordance with Law 13/1986 of 14 April on the Promotion and General Coordination of Scientific and Technical Research.

The possibilities of hiring staff provided for in this Law for Public Universities are without prejudice to the provisions of Article 17 of Law 13/1986, of 14 April, of Promotion and General Coordination of Scientific and Technical Research, in the wording given by the additional provision seventh of Law 12/2001, of July 9, of urgent measures of reform of the labour market for the increase of the employment and the improvement of its quality.

Additional disposition fourteenth. From the University Ombudsman.

To ensure respect for the rights and freedoms of teachers, students and staff of administration and services, in the face of the actions of the different university bodies and services, the universities establish in their organisational structure the figure of the University Ombudsman. Their actions, always directed towards the improvement of university quality in all their fields, will not be subject to the imperative mandate of any university institution and will be governed by the principles of independence and autonomy.

It shall be up to the Statutes to establish the procedure for their choice or designation, duration of their mandate and dedication, as well as their operating system.

Additional provision 15th. Access to the various cycles of university studies.

In the general guidelines of the curricula referred to in Article 34 (1), the Government, after a report of the University Coordination Council, will establish the conditions for the transition from one cycle to another. of those in which the university studies are structured in accordance with the provisions of Article 37 and Article 88 (2), as well as for access to the various cycles from university teaching or qualifications or not university students who have been declared equivalent to the university for all purposes.

Additional provision sixteenth. Specialist qualifications for healthcare professionals.

Specialist titles for healthcare professionals will be issued by the Ministry of Education, Culture and Sport, will have official status and validity throughout the national territory, and will be regulated by their regulations. specifies.

It is for the Government, on a proposal from the Ministers for Education, Culture and Sport and for Health and Consumer Affairs, and in accordance with the provisions of the European Union that are applicable, to create, change Name or deletion of specialities and the determination of the conditions for obtaining, issuing and approval.

The additional nineteenth provision of this Law will apply to the denomination of such specialist titles.

Additional 17th disposition. Of the sports activities of the Universities.

The Government, on a proposal from the University Coordination Council, will dictate the necessary provisions to coordinate the sports activities of the universities in order to ensure their national and international projection and articulate formulas to make the studies of high-level athletes compatible with their sports activities.

18th additional disposition. Of the tax exemptions.

The tax exemptions referred to in this Law, as soon as they affect the Universities located in Autonomous Communities that enjoy a tax regime, will be adapted to what is established in the Organic Law. applicable to that Community.

Additional 19th disposition. Of the denominations.

Only the denomination of the University, or the institutions themselves, teachings, official titles and validity in all the national territory and single-person governing bodies referred to in this Law, may be used when they have been authorised or recognised in accordance with the provisions of the same. Those other names which, because of their significance, may be confused with those names may not be used.

320th additional disposition. From the National Register of Universities, Centers and Teachings.

1. In the Ministry of Education, Culture and Sport, a National Register of Universities and University Centres and Structures will be provided with a purely informative nature, which will teach lessons to be learned from university degrees. official character and validity throughout the national territory and these same teachings. This Register, which will be public, will be called the National Register of Universities, Centers and Teachings. Registration in the same shall be a necessary requirement for the inclusion of the corresponding titles issued by the Universities in the National Register of Official University Titles.

2. The Autonomous Communities or the public records that are dependent on them will have to transfer to the National Register of Universities, Centers and Teachings, mentioned in the previous section, of the data to which it refers.

3. The Autonomous Communities or the public records that are dependent on them will have to transfer to the National Register of Universities, Centers and Teachings, the registration of private universities. In this Register, the person or persons, natural or legal, promoter or who, if any, have any type of ownership over the private university as a legal person, shall be kept on record of the changes made in the relationship to the same, as well as the changes that may occur in the nature and structure of the private University as a legal person. The character of the sponsor or holder of the person listed as such shall be presumed.

Additional twenty first disposition. From the exception of classification as contractors to the Universities.

In the cases of Article 83, the classification as contractors to the universities will not be required to be awarded contracts with the public administrations.

Additional twenty-second disposition. From the Social Security regime of associate professors, visitors and emerits.

1. In the application of the social security scheme to associate teachers and visiting teachers, the following shall be carried out:

(a) Those who are public servants subject to the State's passive class regime shall continue with their respective regime, without their discharge in the general scheme of social security, for their status as an associate professor or visitor.

(b) Those who are subject to the General Social Security Regime or to any special arrangements other than the one referred to in paragraph (a) shall be discharged into the General Social Security Regime.

(c) Those who are not subject to any compulsory pension scheme shall be high in the General Social Security Scheme.

2. The teachers who are not discharged will be discharged from the General Social Security System.

33rd additional disposition. From the high inspection of the State.

It is up to the State to carry out the high inspection and other powers that, in accordance with Article 149.1.30a of the Constitution, are competent to guarantee the fulfillment of its powers in the field of university education, without prejudice to the powers of the Autonomous Communities.

Twenty-fourth additional disposition. The integration of students with disabilities in the universities.

The universities in the development of this Law will take into account the provisions of Law 13/1982, of April 7, of the Social Integration of the Disabled, and Organic Law 1/1990, of 3 October, of General Ordination of the Educational System, as regards the integration of students with disabilities in university education, as well as in the staff selection processes referred to in this Law.

Additional twenty-fifth disposition. Access to the University of the over-twenty-five-year-olds and graduates of vocational training.

1. The Government, after a report of the University Coordination Council, shall regulate the basic conditions for access to the University of the over-twenty-five years of age that do not meet the requirements of Article 42 (2).

2. For direct access to the University of Vocational Training graduates will be provided for in Article 35.4 of the Organic Law 1/1990 of 3 October on the General Management of the Educational System.

Additional twenty-sixth disposition. From the participation of the staff of the Escalas of the Higher Council of Scientific Research in the Commissions of Enablement.

The Government, prior to the report of the University Coordination Council, will regulate the conditions under which the staff of scientific and research personnel belonging to the Escalas of the Council of Higher Scientific Research may be part of the enabling commissions to participate in the competitions for access to places of officials of university teaching bodies.

Additional twenty-seventh disposition. From the incorporation of teachers from other educational levels to the University.

The Government and the Autonomous Communities will promote agreements with the universities in order to facilitate the incorporation into the university departments of teachers of the teaching bodies referred to in the Organic Law. 1/1990, of 3 October, of General Management of the Educational System.

First transient disposition. Of the constitution of the University Coordination Council.

The Government, on a proposal from the Minister of Education, Culture and Sport, will adopt within three months of the entry into force of this Law the necessary measures for the formation of the Coordinating Council. University.

The powers conferred by this Law on the Council of University Coordination will be exercised by the current Council of Universities as long as it is not constituted. Once constituted, the University Coordination Council, within the maximum period of six months, shall draw up its Rules of Procedure. Until the approval of this Regulation will be governed by the current of the Council of Universities in which it does not oppose the provisions of this Law.

Second transient disposition. From the University of the University, the Rector and the approval of the Statutes of the public universities.

1. Within the maximum period of six months from the entry into force of this Law, each University shall proceed to the establishment of the University Cloister in accordance with the provisions of this Law for the elaboration of its Statutes.

The Governing Board will regulate the composition of the said Cloister and the rules for its election. In the aforementioned Claustro, which will have a maximum of three hundred members, will be represented the various sectors of the university community, being at least fifty one percent of its members medical officials of the bodies university teachers.

Elected the University Cloister, referred to in the first paragraph, shall be constituted as a provisional Governing Council in accordance with the provisions of this Law.

The chosen University Cloister will draw up the Statutes, in accordance with the procedure and with the majority regime that it establishes, within the maximum period of nine months from its constitution. After this period has elapsed without the University having presented the Statutes for its control of legality, the Governing Council of the Autonomous Community shall agree to a Statute within the maximum period of three months.

The Clauses of the Universities that have to be renewed in the period between the entry into force of this Law and the constitution of the University Clauister may remain until such a constitution.

2. The Rectors to be renewed, by the end of the mandate or by vacancy, in the period between the entry into force of this Law and the approval of the Statutes, shall be in accordance with the provisions of Article 20, although the the procedure, the regulation of which is attributed in that article to the Statute, shall be established by the Governing Board or, where appropriate, by the Governing Council. In any case, the joint vote of the professors ' medical officers of the university teaching bodies will have the value of at least fifty-one percent of the total vote for candidates validly issued by the community. university.

3. The Statute shall lay down the provisions governing the continuity, as the case may be, of the Cloister chosen in accordance with paragraph 1, until its election in accordance with the provisions of the Statute. Likewise, the Statutes shall provide for the continuity, if any, of the respective Rectors until the end of their term of office in accordance with the current Statutes, or the election of a new Rector.

4. Until the publication of the Statutes referred to in paragraph 1, the Governing Board or, where appropriate, the Governing Council of the University shall adopt the appropriate rules for the application of the provisions of this Law in respect of all that the current Statutes object to it.

Transitional provision third. From the adaptation of private universities to this Law.

The existing private universities will have to adapt to the provisions of this Law within 15 months of their entry into force.

However, the percentage referred to in Article 72 (2) shall be attained within the maximum period of five years from the date of entry into force of this Law.

Transitional disposition fourth. Of the current helpers.

Those who enter into force of this Law are hired in public universities as helpers, will be able to remain in their same situation until the contract is extinguished and their eventual renewal, according to the legislation that was applicable to them.

From that moment on, they may be linked to a public university in one of the categories of contracted personnel provided for in this Law and in accordance with the provisions of this Law, excluding that of the assistant.

However, in the case of assistants who are in possession of the title of Doctor to be hired as a medical assistant professor, the provisions of Article 50 on the untying of the university will not apply to them. For two years.

Transient disposition fifth. From the current associate professors.

1. Those who enter into force of this Law are engaged in public universities as associate professors will be able to remain in their same situation, in accordance with the legislation that has been applicable to them, until the end of their current contracts.

However, such contracts may be renewed in accordance with the legislation which was applicable to them, without their permanence in this situation being able to be longer than four years after the entry into force of the Treaty. This Act.

From that moment on, they can only be hired in the terms provided for in this Law. However, in the case of the associate professors who are in possession of the title of Doctor, to be hired as a professor assistant doctor, the provisions of Article 50 on the disconnection of the University will not apply to them. For two years.

2. The provisions of the preceding paragraph shall not apply to the current associate professors whose place and appointment is brought under the provisions of Article 105 (2) of Law 14/1986 of 25 April 1986, General Health, which shall be governed by the provisions of Article 105 (2) of the Treaty. in the additional twelfth disposition.

Transitional disposition sixth. From the Masters of Workshop or Laboratory and Capataces of Technical Schools.

Officials of the Masters of Workshop or Laboratory and Capataces of Technical Schools declared to be extinguished by the transitional provision fifth of the Organic Law 11/1983, of 25 August, of University Reform, not integrated within the body of Professors of University Schools by Law 55/1999, of 29 December, of fiscal, administrative and social measures, will remain in the body of origin, without prejudice to their right to be integrated in the aforementioned body of Teachers of University Schools, in their own (a) the conditions for the entry into force of the said Act 55/1999, together with the qualifications required for access to the public service, must be fulfilled and the same functions as they have been developed, provided that within five years from 1 January 2000, the date of entry into force of the said Act 55/1999, the.

Transitional disposition seventh. From the Numerary Teachers of Nautical Schools.

Officials of the Body of Numerary Teachers of Nautical Schools, declared to be extinguished by paragraph 9 of the additional 15th of Law 30/1984, of 2 August, of Measures for the Reform of the Public function, in the wording given by Law 23/1988, of 28 July, not integrated within the body of Professors of University under the provisions of the aforementioned Law, are integrated into its own places, in the aforementioned body, provided that they are in possession of the title of Doctor, or when they obtain it within five years, counted from the publication of this Law.

Transient disposition octave. The application of the rules established for habilitation and access competitions to provide places for the bodies of teachers.

1. The rules laid down in Section 2 of Chapter I of Title IX for the empowerment and access to places of bodies of university teaching officials shall be complied with in all the calls published on the basis of the date of publication of this Law in the "Official State Gazette".

Until the adoption of the Statutes, as referred to in paragraph 1 of the second transitional provision, the present Boards of Government of the Universities will take the necessary measures to make possible the application of what is set out in the previous paragraph.

2. Contests whose calls have been published prior to the publication of this Law in the "Official Gazette of the State" will be carried out in accordance with the rules contained in the Organic Law 11/1983 of 25 August.

Single repeal provision. Regulatory repeal.

1. The Organic Law 11/1983, of 25 August, of the University Reform, is repealed, and as soon as they maintain the validity, Law 8/1983, of 29 June, on urgent measures in matters of governing bodies of the Universities, Decree 2551/1972, July 21, on College Colleges, and Decree 2293/1973 of 17 August, on which University Schools are regulated, as well as how many provisions of equal or lower rank are contrary to the provisions of this Law.

The additional twentieth of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, as amended by Law 23/1988, of July 23, is hereby repealed.

2. Without prejudice to the provisions of the second transitional provision, as long as the new Statutes established in this Law are approved, the Organic Law 11/1983 of 25 August, of the University Reform, will continue in force as soon as governing bodies and representation of universities.

Final disposition first. Competence title.

This Law is dictated by the jurisdiction that corresponds to the State in accordance with Article 149.1.1, 15th, 18th and 30th of the Constitution.

Final disposition second. Amendment of Law 14/1986 of 25 April, General of Health.

Article 105 of Law 14/1986 of 25 April, General of Health, is worded as follows:

" Article 105.

1. In the framework of the care planning and teaching of the public administrations, the concert regime between the universities and the health institutions will be able to establish the linkage of certain care places of the institution health with teaching places for the bodies of professors of the University.

The places thus linked will be provided by contest among those who have been selected in the competitions of access to the corresponding bodies of university professors, according to the norms that are own.

Those who participate in the qualification tests, prior to the said contests, in addition to the requirements laid down in the above rules, shall prove to be in possession of the title of a medical specialist or (a) a specialist pharmacist who is required to comply with the requirements which, as regards his/her care qualification, are to be determined in a regulated manner. In the first of these tests, the Commissions will have to assess the merits and the academic and research history and the care work of the candidates, in the way that it is regulated.

In the Commissions that resolve the aforementioned access contests, two of its members will be chosen by public draw by the corresponding health institution.

2. The concerts may also provide for a number of associated teachers ' places to be covered by care staff who are providing services at the agreed health institution. This number will not be taken into account for the purpose of the percentage of contracts that govern public universities.

These associate professors will be governed by the rules of the University's associate professors, with the peculiarities that they regulate in terms of the temporary regime of their contracts.

The University Statutes should collect specific formulas to regulate the participation of these professors in the governing bodies of the University.

3. The concerts will also establish the number of assistant and assistant professor's places in the relations of public universities ' jobs, which must be covered by public competitions among health professionals. have been awarded the title of specialist in the three years preceding the call for competition. "

Final disposition third. Enabling regulatory development.

It is up to the Government and the Autonomous Communities within their respective powers to lay down the necessary provisions for the development and implementation of this Law.

Final disposition fourth. Character of Organic Law of this Law.

This Law has the character of Organic Law, with the exception of the following precepts: Article 3 (1), Article 4 (1), (2), (3) and (4), Article 6 (1), (2), (3) and (4), all of which are Title I; Articles 7, 8, 9 and 10 of Chapter I of Title II; Chapter I of Title III; Titles IV and V; Article 36 of Title VI, Article 41 of Title VII, Article 46 (4) of Title VIII; Chapter I of Title IX; Title X ; Title XI; Title XII (with the exception of Article 85 (2)); Article 89 of Title XIII, the additional provisions first, second, third, fourth (except paragraph 2), fifth, sixth, seventh, eighth, tenth, eleventh, twelfth, thirteenth, fourteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, 21st, twentieth, second, Twenty-sixth and twenty-seventh; the first, second, fourth, fifth, sixth, seventh and eighth transitional provisions; and the first, second, third and fifth provisions.

Final disposition fifth. Entry into force.

This Law shall enter into force on the twentieth day following that of its publication in the "Official Gazette of the State", with the exception of Article 42 (2) and (3), which shall enter into force at the time of Law 30/1974, of 24 July, on aptitude tests for access to the faculties, higher technical schools, university colleges and university schools, with regulatory value in accordance with paragraph 4 of the fourth final provision of the Organic Law 1/1990, of 3 of October, for the General Management of the Educational System, is expressly repealed. In the meantime, the current system of access to university studies will be maintained.

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Madrid, 21 December 2001.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ