Rs 0.414.1 European Convention On 11 December 1953 On The Equivalence Of Diplomas Leading To Admission To Universities (With Declarations)

Original Language Title: RS 0.414.1 Convention européenne du 11 décembre 1953 relative à l’équivalence des diplômes donnant accès aux établissements universitaires (avec déclarations)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
0.414.1 text original Convention European on the equivalence of diplomas leading to admission to universities concluded at Paris on 11 December 1953 approved by the Federal Assembly on March 6, 1991 Instrument of ratification deposited by Switzerland 25 April 1991 entry into force for the Switzerland on 25 April 1991 (State August 27, 2002) the signatory Governments, members of the Council of Europe Whereas one of the objectives of the Council of Europe is to pursue a policy of common action in cultural and scientific fields;
Whereas this objective would be more easily achieved if the European youth could freely access the intellectual resources of members;
Whereas the University constitutes one of the main sources of the intellectual activity of a country;
Whereas students who have successfully completed their secondary education in the territory of a member should be offered all possible facilities to enter a University of their choice, located in the territory of another Member;
Whereas such facilities, which are also desirable in the interests of freedom of movement from one country to another, require the mutual recognition of diplomas leading to admission to universities;
Have agreed as follows: article 1 1. Each Contracting Party recognizes, for admission to the universities situated in its territory, where admission is subject to the control of the State, the equivalence of the diplomas awarded in the territory of each of the other Contracting Parties whose possession confers on holders the requisite qualification to be admitted to the similar establishments of the country in which these graduates have been issued.
2. admission to any University will be carried out within the limits of available seats.
3. each Contracting Party reserves the right not to apply the provision laid down in paragraph 1 to its own nationals.
4. If admission to universities situated in the territory of a Contracting Party is not subject to the control of the State, the Contracting Party concerned shall transmit the text of this Convention to these universities and spare no effort to obtain membership of the said universities in the principles expressed in the preceding paragraphs.

S. 2. each Contracting Party shall send to the Secretary General of the Council of Europe, within a period of one year from the entry into force of this Convention, a written statement of the measures taken in pursuance of the provisions of the preceding article.

S. 3. the Secretary General of the Council of Europe shall notify the other Contracting Parties of each received communications pursuant to art. 2 above, and keep the Committee of Ministers informed of the progress made in the implementation of the Convention.

S. 4 for the purposes of this Convention, (a) the term 'diploma' means any diploma, certificate or other evidence in any form whether issued or recorded, that gives the licensee or the person concerned the right to seek admission to a University; (b) the term "universities" means: (i) universities; (ii) the institutions considered as same character as a University by the Contracting Party on whose territory they are located.

S. 5 1. This Convention is open for signature by the members of the Council of Europe. It will be ratified. Instruments of ratification shall be deposited with the Secretary General of the Council of Europe.
2 this Convention shall enter into force after the deposit of three instruments of ratification.
3 any signatory ratifying subsequently, the Convention shall enter into force upon the deposit of the instrument of ratification.
4. the Secretary General of the Council of Europe shall notify all members of the Council of Europe the entry into force of the Convention, the names of the Contracting Parties which have ratified, as well as the deposit of any instrument of ratification subsequently intervened.

S. 6 declaration on the application of the European Convention No. 15, 1953 relating to the equivalence of diplomas giving access to academic institutions I. principles General 1. Promotion of mobility 2. Equivalence of national and foreign graduates 3. Right to apply for admission 4. Prohibition to appreciate the value of degree 5. Regulation of the host 6. Justifiable limitations; no total exclusion of foreign students 7. General and particular 8 eligibility conditions. Selection of candidates 9. Rights of foreign students 10. Language requirements the Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Convention. Any State having received this invitation may accede to this Convention by depositing its instrument of accession near the Secretary General of the Council, which shall notify such deposit to all Contracting Parties. For any acceding State, this Convention shall enter into force upon the deposit of its instrument of accession.
In witness whereof the undersigned, being duly authorized thereto, have signed the present Convention.
Done at Paris, on 11 December 1953, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General in shall communicate certified copies thereof to all the signatories.
(Follow signatures)

Declaration on the application of the European Convention No. 15, 1953 relating to the equivalence of diplomas giving access to academic institutions I. principles General 1. Promotion of mobility 2. Equivalence of national and foreign graduates 3. Right to apply for admission 4. Prohibition to appreciate the value of degree 5. Regulation of the host 6. Justifiable limitations; no total exclusion of foreign students 7. General and particular 8 eligibility conditions. Selection of candidates 9. Rights of foreign students 10. Language requirements II. Comments on some specific terms used in the Convention 1. «Diploma» 2. "Institutions regarded as being same character as a University" (Art. 4, by.) (b) (ii)) has. The responsible authorities of the countries on the territory of which the institution is located are only competent to decide whether the institution is same character as a universite.b. Private institutions, in particular, are covered only if the national authorities responsible for have recognised them the character of a university or an analogue.c character. At the moment, non-university tertiary education institutions (institutions not having the character of a University) are not covered by the Convention.

Appendix specific cases of application of the Convention the concrete cases of the Convention that could present problems, must be examined in the light of the principles set out in the body of the document. Some examples to illustrate the issues covered in this document are listed below. One such enumeration cannot, of course, be exhaustive; its sole purpose is to propose to the competent authorities of the practical solutions for the most typical cases.

1 Numerus clausus a. Definition of the 'numerus clausus' numerus clausus applied regardless of any material criterion in the selection of applicants to the University, is a limitation of the number of students to admit the lack of seats relative to demand (domestic and foreign candidates).
This numeric limitation is motivated by considerations quite various: i) to maintain certain standards of quality and effectiveness of education and research (admission too much number of students that may cause a degradation of working conditions, excessive loss of numbers of students or an exaggerated elongation studies); ii) to stay within the limits of existing capacity (staff (((, equipment, size of laboratories, the number of hospital beds, etc., may be seen as limiting factors); iii) to avoid the overload of certain professional sectors and, thus, the unemployment of graduates of higher education; iv) to meet the priorities set possibly by national authorities in education and social and economic affairs.

That the numerus clausus whether or not authorized by the Act has no significance. Its application can occur at any or all stages of a program of studies.
Signed in 1953, the text of the Convention does not include all the implications of the numerus clausus which application is widespread only recently.
b. Numerus clausus in the country of origin when the country of origin, but not the country in which the student request to do studies, applied the numerus clausus, the host country may refuse to admit the holder of a diploma abroad the only ground that the numerus clausus is the country which issued the diploma.
c. reverse Numerus clausus in the host country in the hypothesis, namely when it is the host country, but not the country of origin of the student, which applies the numerus clausus, the host country is free to refuse for this reason to admit the holder of a foreign diploma. It will, however, apply this numerus clausus without making any discrimination based on the origin of the diploma in question.

2. specific requirements for admission to certain faculties or disciplines


Some lessons are designed so that students can really benefit if they have acquired prior knowledge. Should be so (see point I.7 above) to make the following distinction: - does the applicant has special qualifications required for access to academic institutions in general? - the applicant has special qualifications required for admission to the faculty or the field of studies of their choice?

a. examples of such special conditions - a course or courses are available only to holders of a diploma of 'natural sciences' section, or (as the case may be) of the classical section of the second cycle of education. - knowledge of specific materials, such as a language classical or modern. Physics; Chemistry; Mathematics; philosophy. - period experience practice mandatory for entry into certain faculties. - all other additional tracks required in addition to the diploma of secondary education.

b. principle of the host country in such cases, what matters is not the nature of the special qualifications that would have required the candidate if he had wanted to follow a similar educational in the country that issued the diploma, but only the conditions imposed by the country in which he wishes to study.
v. Justification of the application of special conditions these conditions should be imposed only if they are absolutely necessary from the pedagogical point of view. In no case should serve as a pretext for foreign students. The Convention is based on the assumption that the value of the diploma of secondary education is more or less the same in all the Contracting Parties, the national authorities should endeavour to consider the question of whether students meet the additional conditions required in a spirit of liberalism. Might, for example, be to admit foreigners subject that they acquire the specialized knowledge required in their first year of studies in the host country.

3 technical school graduates access not in general higher education but a single faculty or academic section (or some only) a. Access Restrictions in the country where the diploma was issued it follows from the principles outlined above (point I.9) that those aliens who, in their country of origin, would be allowed to examine only a limited number of materials (their diploma not opening access to some university studies) can expect competent fora the host country allow them to follow, in this country, no matter what school of their choice.
b. possibilities of admission limited in the host if, on the other hand, the host country, between holders of its own graduates, a distinction based on the type of studies that it is open to undertake, he is free to act similarly to holders of a diploma issued by a foreign country.
However, the principle of equal treatment then requires to base these distinctions between the various categories of graduates on a comparison of domestic and foreign graduates who have sufficient analogies. During its consideration of an application, a faculty or a course of study determined the host country must therefore accept students whose foreign diploma corresponds roughly to the national diploma giving access to such faculty or course of study.

4 marks obtained during secondary education a. Description of the situation can occur that place fault, some faculties or academic sections do not accept that the candidates obtaining sufficiently high school transcripts or is being shown particularly brilliant in one or several substances related to the field of study chosen.
b. Application of this practice in the country of origin a country where this system does not exist cannot refuse to admit the holder of a foreign reason only diploma at the University that the country which issued the diploma follows this practice and that, therefore, the candidate is there would be probably not permitted to continue studies selected, without having obtained an average sufficient school.
c. this practice in the host country this case seems almost insurmountable problems with regard to the obligations arising from the Convention. The host country wishing to apply this practice, without discrimination between national and foreign graduates, runs into the difficulty, or even impossibility to compare notes assigned in different countries. Indeed, any attempt at comparison in this respect (which would be necessary in order to respect the principle of non-discrimination in the application of national treatment) inevitably involves a comparison of the value of the two degrees in the presence. However, as already noted (point I.10), this comparison of the material value is contrary to the spirit of the Convention.
The selection from the previous school transcripts will therefore have to be done separately for the national and foreign candidates. For the latter, should take into account the school notes that if a selection between candidates of the same nationality is necessary.

Second statement on the implementation of the European Convention No. 15, 1953 on the general equivalence of diplomas leading to admission to universities Introduction 1. In 1974, a "Declaration on the implementation of the European Convention of 11. December 1953"was established on the basis of a study carried out by the former Committee for higher education and research (ESR). At the conclusion of its discussions, the ESR wrote the "Declaration on the implementation of the European Convention on 11 December 1953. This Declaration was adopted by the former Council for cultural co-operation (CCC), the Committee of Ministers of the Council of Europe took note in 1975, and the Declaration was published in 1976. This declaration was adopted due to the situation prevailing at the time as to the admission of students (particularly students) in light of the provisions of the European Convention on the equivalence of diplomas leading to admission to universities and universities. In the Declaration, it took into account the main problems then the implementation of the Convention, and one shot general principles of the provisions of this instrument. These principles govern still essentially access to academic institutions. The Declaration is not intended to provide an authoritative interpretation of the Convention; It was designed to present the views of the Committee for higher education and research of the CCC.
2. the training programmes for the acquisition of secondary education certificates and other evidence of access to the University suffered in Europe further changes since 1976, where the Declaration was published, and they have since a variety which is to create difficulties in the implementation of the Convention. This diversification makes also problematic the establishment of a European standard with respect to access to the University, but there are many systems that have been designed to allow the transition from high school to the tertiary level of education. In light of these developments and the current situation, the implementation of European instruments to the mobility of students will have to be differentiated more that it has been so far.
3. the Declaration of 1975 already pointed out under I.7: ' 7. General and specific eligibility conditions. '' It is necessary to make a distinction between:-eligibility in a University in general and - eligibility for a specific curriculum.

b. the principle of exclusion of any appraisal of the material equivalence of the foreign diploma is valid for admission to universities in general. When it comes to a field of study determined, it seems legitimate to ensure that certain conditions required for the chosen programme were met."

4. the contracting parties shall also consider now there is in Europe a single standard with respect to the requirements for admission to a University in general. Under art. 1 and art. 4 (a) of the European Convention on the equivalence of diplomas leading to admission to universities, it is generally accepted that the holder of a diploma under the Convention has the right to ask to be admitted to the University in the same way as in the country where the diploma was issued. As it has already been indicated, the actual equivalence of diplomas should not be taken into account.
5. given the diversification of secondary education and university studies, it also require holders of foreign qualifications they meet national conditions governing eligibility for specific academic studies. This means that despite the general equivalence of foreign qualifications established by the Convention, we must meet to access specific academic studies, the same conditions as those imposed on students who are nationals of the host country.

6. in 1987 and 1988, the network of national information centres on academic mobility and equivalences of the Member States of the Council of Europe has met successively in Vienna and Salzburg to discuss above all - in the light of the Declaration of 1975 - problems created by the application of the Convention because of the significant diversification of the conditions of access to University in Europe. Participants have found it necessary to supplement or to set out in more precise terms the principles of the 1975 Declaration by adopting a new declaration.
7. the Standing Conference on problems academics (CC-PU), having taken note of the draft second Declaration at its 11 session, in March 1988, has decided to create a working group to determine if such a text was appropriate and, if so, to submit a final draft to the CC-PU so that it discussed at its session in 1989. This working group, whose members were appointed by the delegates at the CC-PU met in Salzburg, Austria, on 28 and 29 June 1988. The meeting concluded that a second statement was appropriate, necessary and sufficient, and has presented the following text to the CC-PU for consideration it one last time before adopting definitively.
The second Declaration on the application of the European Convention on the equivalence of diplomas leading to admission to universities, of it December 1953, constitutes an additional and a specification of the Declaration on the implementation of the European Convention of 11 December 1953 adopted by the Council of Europe in 1975, which does not change the principles of the Declaration of 1975.
This statement does not constitute an official interpretation of the Convention: it is intended to publicize the views of the Standing Conference on University problems. These views are based on experiences of the contracting parties.
The principles of this second declaration should guide national authorities, universities and similar institutions in the implementation of the Convention.

I. General principles they resume their account the concept of differentiation between general eligibility and specific eligibility, under I.7. of the Declaration on the implementation of the Convention, 1975: 7. General and specific eligibility conditions a. It is necessary to make a distinction between:-eligibility in a University in general and - eligibility for a specific curriculum.

b. the principle of exclusion of any appraisal of the material equivalence of the foreign diploma is valid for admission to universities in general. When it comes to a field of study determined, it seems legitimate to ensure that certain conditions required for the chosen programme were met."

II. General eligibility is general eligibility that apply the principle whereby equality real, material of a foreign diploma covered by article 1 of the Convention does not have to be appreciated. The holder of a diploma under the Convention has the right, in the same way as a national student of the country where this degree was issued, ask to be admitted to a University (art. 1 and art. 4 (a) of the European Convention on the equivalence of diplomas leading to admission to universities). Such a request must not be rejected if for the sole reason that the certificate of the person concerned is lower than a certificate of secondary education in the host country.
In general, the additional measures taken by any Contracting Party are not in contradiction with the Convention insofar as to the terms hereof, the equivalence of diplomas leading to admission to universities relates to general eligibility for academic institutions of the Contracting Parties.
When in the country of origin, the matriculation certificate must be supplemented by an additional examination to make possible the access to the University (item II, 1, b of the Declaration on the application of the European Convention on December 11, 1953), the host country can ask that additional examinations are passed into the country, either ask that they are obtained in the host country.

III. specific eligibility in terms of specific eligibility, i.e. admission to follow specific studies, we can ask the person concerned to fulfil the same institutional conditions the as the holders of national diplomas of the host country wishing to do the same studies.
To allow the students to more easily meet these conditions and to encourage their mobility, should provide support measures when deemed necessary by the competent authorities of the Contracting Parties, in particular as regards students admitted under certain reservations or who will be admitted once they meet the conditions required by the host University.

Scope of application of the agreement on 26 February 2002 States parties Ratification, accession (A) entry into force Germany 3 March 1955 3 March 1955 Austria 9 October 1956 has 9 October 1956 Belgium June 14, 1955 June 14, 1955 Bosnia and Herzegovina 29 December 1994 29 December 1994 Cyprus 29 October 1968 29 October 1968 Croatia 27 January 1993 has 27 January 1993 Denmark April 20, 1954 April 20, 1954 Spain 21 March 1962 has 21 March 1962 Finland 16 September 1991 September 16, 1991 France 11 March 1955 11 March 1955 Greece December 5, 1955 5 December 1955 Ireland March 31, 1954 April 20, 1954 Iceland August 5, 1954 August 5, 1954 Israel October 7, 1971 was October 7, 1971 Italy October 31, 1956 October 31, 1956 Latvia 5 December 1996 5 December 1996 Liechtenstein may 22, 1991 22 May 1991 Lithuania 7 February 1997 7 February 1997 Luxembourg January 12, 1955 January 12, 1955 Macedonia 30 March 1994 30 March 1994 Malta may 6, 1969 6 May 1969 Moldova 23 September 1999 23 September 1999 Norway 21 May 1954 21 May 1954 New Zealand 20 July 1978 was July 20, 1978 Cook Islands 20 July 1978 20 July 1978 Niue 20 July 1978 20 July 1978 Tokelau 20 July 1978 20 July 1978 Netherlands * 27 August 1956 August 27, 1956 Poland 10 October 1994 10 October 1994 Portugal 3 November 1981 3 November 1981 Czech Republic 26 March

1991 1 January 1993 Romania 22 April 1998 22 April 1998 United Kingdom * March 22, 1954 April 20, 1954 Isle of Man 2 September 1994 2 September 1994 Russia 17 September 1999 17 September 1999 San Marino November 20, 1996 20 November 1996 Slovakia 26 March 1991 1 January 1993 Slovenia 2 July 1992 A 2 July 1992 Sweden 27 May 1960 27 May 1960 Switzerland * 25 April 1991 25 April 1991 Turkey October 10, 1957 October 10, 1957 Yugoslavia 15 September

1977 to September 15, 1977 * reservations and declarations, see below.

Date of the deposit of the instrument of ratification by the federative Republic Czech and Slovak statements Netherlands convention is applicable to the Kingdom in Europe.
United Kingdom the convention applies only to the United Kingdom, and not to the other territories which he was in charge of international relations.
Under the declaration of the United Kingdom of 25 March 1993, the Convention is also applicable to the Isle of Man, which the United Kingdom ensures international relations, from March 30, 1993.
Switzerland the above convention containing no specific denunciation clause, the Swiss federal Council considers that it is nevertheless terminable under art. 56 of the Vienna Convention on the law of treaties of 23 May 1969.
The Swiss federal Council declares that the competence of the cantons in matters of education, as it flows from the federal constitution, and university autonomy are reserved with respect to the implementation of the convention.

RS 0.111 RS 101 State on August 27, 2002

Related Laws