What is Act No. 111 / 1998 Coll.?

Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education) — Law on higher education and amending and supplementing other laws (Act on higher education).

When it became Act No. 111 / 1998 Coll. effectiveness?

Act No. 111 / 1998 Coll. became effective 01.07.1998.

Is Act No. 111 / 1998 Coll. still valid?

Yes, Act No. 111 / 1998 Coll. is still valid and effective.

Act No. 111 / 1998 Coll. - Law on higher education and amending and...

111

THE LAW

of 22 April 1998

on universities and amending and supplementing other laws (Law on universities)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

BASIC PROVISIONS

§ 1

Preliminary provisions

Higher education institutions as the highest link in the education system are the top centres of education, independent knowledge and creative activities and play a key role in the scientific, cultural, social and economic development of society by:

(a) preserve and disseminate the knowledge achieved and, according to their type and focus, cultivate scientific, research, development and innovation, artistic or other creative activities;

(b) enable access to higher education, adequate professional qualifications and preparation for research work and other demanding professional activities, in accordance with democratic principles;

(c) provide further forms of education and enable knowledge from different areas of knowledge and culture to be acquired, disseminated, deepened or restored and thus involved in lifelong learning;

(d) promote the application of equal access to rights and seek to eliminate disadvantages and offset the opportunities of disadvantaged persons;

(e) play an active role in the public debate on social and ethical issues, the cultivation of cultural diversity and mutual understanding, the formation of civil society and the preparation of young people for their lives;

(f) contribute to development at national and regional level and cooperate with various levels of government and self-government, the corporate and cultural spheres;

(g) develop international and, in particular, European cooperation as a substantial dimension of their activities, promote joint projects with similar institutions abroad, mutual recognition of studies and diplomas, exchange of academic staff and students;

(h) seek knowledge transfer.

§ 2

(1) The university carries out accredited and lifelong learning programmes. The type of higher education activity is determined by the type of accredited study programmes carried out. The types of study programmes are bachelor's, master's and doctoral.

(2) The local university is public, private or state. State college is military or police.

(3) The university is university or non-university. The term "university ', possibly derived from it, may refer to only universities. The term" university', possibly derived from it, may refer to university universities only. In the case of Czech legal persons, the restriction of the use of the designation "university" and "university" and of their derived form of words in the name, as well as the restriction of the use of foreign language translations of those names and their derived form of words. It is also prohibited for Czech legal persons to use in their name another foreign language designation capable of causing misconception that it is a university or university under this law.

(4) A university university may carry out all types of study programmes and, in the context of that, scientific and research, development and innovation, artistic or other creative activities ("creative activities').

(5) A non-university university conducts Bachelor's study programmes and can also carry out master's studies and creative activities. A non-university college doesn't go to faculty.

(6) The type of university is set out in its Statute and must be in accordance with the opinion of the National Accreditation Office for Tertiary Education (hereinafter referred to as the Accreditation Office).

(7) Public higher education is a legal person. A private university is a legal person who has the authority to act as a private university. Military college is part of the Ministry of Defence. Police College is an organizational component of the Czech Republic, for which the Ministry of Interior is responsible.

(8) Other legal persons engaged in such activities may participate in the educational and creative activities of universities.

(9) No one except the university has the right to award an academic degree, to hold habilitation proceedings, to hold proceedings for appointment as professor, to use academic insignia and to hold academic ceremonies.

(10) It is unacceptable to set up and organise the activities of political parties and political movements in universities (1).

§ 3

Academic community of university

Academic staff and university students form the academic community of the university.

§ 4

Academic freedoms and academic rights

The following academic freedoms and the following academic rights are guaranteed at the university:

(a) the freedom of science, research and artistic creation and publication of their results;

(b) freedom of teaching, consisting primarily of its openness to various scientific opinions, scientific and research methods and artistic guidelines;

(c) the right to learn, including the freedom to choose the focus of study in the framework of study programmes and the freedom to express their own opinions in teaching;

(d) the right of members of the academic community to elect representative academic bodies;

(e) the right to use academic insignia and to hold academic ceremonies.

ČÁST DRUHÁ

PUBLIC HIGH SCHOOL AND PARTS THEREOF

HLAVA I

PUBLIC HIGH SCHOOL

§ 5

Establishment of a public university

(1) A public university is established and repealed by law. The law also provides for its name and registered office.

(2) A public university may only merge or merge with another public university; It can only be divided into other public universities. These changes can only be made by law.

(3) In the event of the cancellation of a public higher education as referred to in paragraph 1 or of the merger, merger or division of a public higher education as referred to in paragraph 2, the law shall also determine to which legal persons pass over its assets and liabilities and which public higher education enables the completion of a higher education to students of the abolished public higher education.

§ 6

(1) The self-governing competence of a public higher education institution is, in particular:

(a) internal organisation;

(b) determining the number of admission applicants, the conditions for admission to study and decision-making in the recruitment procedure;

(c) the development and implementation of study programmes;

(d) quality assurance of educational, creative and related activities and internal quality evaluation of educational, creative and related activities of the university;

(e) organisation of studies;

(f) decisions on the rights and obligations of students;

(g) the focus and organisation of creative activities;

(h) employment relations and the number of academic staff and other staff;

(i) habilitation and appointment procedure by the professor;

(j) cooperation with other universities and legal entities and foreign relations;

(k) the establishment of self-governing academic bodies of a higher education institution, unless otherwise provided for in this law;

(l) the management of universities and the management of property in accordance with specific regulations;

(m) determining the amount of fees associated with the study;

(n) the setting of the amount of the fees for acts relating to the habilitation procedure or to the procedure for appointment by the professor.

(2) The organisation and activity of a public higher education institution and the status of members of the academic community are governed by its internal rules.

(3) State authorities may only intervene in public higher education activities on the basis and within the limits of the law and in the manner laid down by the law.

§ 7

Public higher education institutions

(1) The self-governing academic bodies of a public higher education institution are:

(a) the Academic Chamber;

(b) the rector,

(c) the Scientific Council or the Art Council or the non-university university academic council;

(d) the Internal Evaluation Board, when established,

(e) the Disciplinary Board.

(2) Other public higher education institutions are:

(a) the Management Board;

(b) a Quaestor.

Academic Chamber of Public Higher Education

§ 8

(1) The Academic Chamber of Public Higher Education is its independent representative academic body. It shall have at least eleven members, of which at least one third and not more than one half shall be made up of students. The members of the Academic Chamber of Public Higher Education shall be elected by the members of the Academic Municipality of Public Higher Education. The election is direct, with a secret vote. In particular, the internal law of a public higher education institution shall determine the number of members of the academic senate, the manner in which they are elected and the way in which they are elected by the chairman of the academic senate, the bodies of the academic senate and the setting-up of them and the reasons and date on which they cease to be members of the academic senate and the possible incompatibility of their membership with the performance of other functions. If the membership of a member of the academic Senate of a public higher education institution before the expiry of his or her term of office and the internal law of a public higher education institution makes it possible to perform the duties of a member of the academic Chamber of a public higher education institution by an alternate, the alternate shall perform that function only for the remainder of the relevant term of office.

(2) Membership in the Academic Chamber of Public Higher Education is incompatible with the function of Rector, Prorector, Quaestor, Dean, Prodean, Secretary of the Faculty and Director of the Institute of Higher Education.

(3) The term of office of each member of the academic Senate of a public higher education institution shall not exceed three years. Where a student elected to the academic Senate of a public higher education institution is admitted to another, immediately downstream programme during his term of office, the internal law of a public higher education institution may lay down the conditions under which his membership of the academic college does not cease. The term of office of all members of the Academic Chamber of Public Higher Education shall expire if the Academic Chamber has not held in accordance with Paragraph 9 for six months. The Rector will announce new elections within 30 days at the latest.

(4) Meetings of the Academic Chamber of Public Higher Education are publicly available. The Rector, or on his behalf, the Prorector, the Dean of the Faculty, the Chairman of the Board of Directors of the Public Higher Education Institution, or on his behalf a member of the Management Board of the Public Higher Education Institution, as well as the Chairman of the Board of Internal Evaluation, shall be entitled to attend meetings whenever they so request. At the request of the Rector, the President of the Academic Chamber shall convene without delay an extraordinary meeting of the Academic Chamber of Public Higher Education.

§ 9

(1) Academic Chamber of Public Higher Education

(a) decide, on a proposal from the Rector, on the establishment, merger, division or cancellation of parts of a higher education institution, on the basis of the consensual expression of the institutions or persons established by the Statute as senior staff of a higher education institution, also decide on the establishment or abolition of joint posts in a higher education institution;

(b) approve:

1. Rules of Procedure of the Academic Chamber of Public Higher Education, on a proposal from a member of the Academic Chamber of Public Higher Education; the academic board of a public college shall request the opinion of the Rector on this proposal,

2. the internal regulations of the Faculty on the proposal of the Academic Chamber of the Faculty; the academic board of a public college shall request the opinion of the Rector on this proposal,

3. other internal regulations of the public higher education institution and its components on a proposal from the Rector;

(c) approve the budget and medium-term outlook of the university presented by the Rector and monitor the use of the funds of the university;

(d) approve the annual activity report and the annual management report submitted by the Rector;

(e) approve the report on the internal quality assessment of the educational, creative and related activities of the public university presented by the Chairman of the Internal Evaluation Board and the additions thereto;

(f) give prior approval to the Rector for the appointment and removal of members of the Scientific Council, the Art Council or the Academic Council of the Public College (hereinafter referred to as the Scientific Council of the Public College), the members of the Internal Evaluation Board and the members of the Disciplinary Board of the Public College;

(g) approve the conditions for admission to study in study programmes which do not take place in faculties;

(h) a motion to appoint a rector shall be decided upon or, where appropriate, propose his removal from office;

(i) approve the strategic aim of the educational and creative activities of a public higher education institution (hereinafter referred to as the "strategic intention of a public higher education institution") and the annual plan for its implementation presented by the Rector;

(j) on a proposal from the rector, abolish or suspend the internal regulation, decision or other action of a body of a public college component, provided that such internal regulation, decision or action is contrary to specific regulations or internal rules of a public university.

(2) The Academic Chamber of Public Higher Education is expressed in particular:

(a) proposals for those study programmes which are not carried out in faculties;

(b) the intention of the rector to appoint or withdraw the rector;

(c) legal acts requiring the approval of the Board of Directors of a public higher education institution under § 15 (1) (a) to (d);

(d) the initiatives and opinions of the Board of Directors of a public higher education institution pursuant to Article 15 (3).

(3) Proposals referred to in points (a) to (e), (g) and (i) of paragraph 1 and supporting documents for decisions referred to in point (i) of paragraph 1. (h) their promoter or, if the promoter is not the rector, the chairman of the academic Chamber of a public higher education institution, shall be obliged to make available to the members of the academic community of a public higher education institution at least 7 days before they are discussed in a way that allows remote access.

(4) In particular, the proposals referred to in paragraph 1 (h) shall be decided by the Academic Chamber of Public Higher Education. The proposal to appoint a Rector shall be accepted if the majority of all members of the academic Chamber of the Public Higher Education have spoken for it; a proposal to appeal to the Rector shall be accepted if at least three fifths of all members of the Academic Chamber have spoken for it.

§ 10

Rector

(1) The head of the public university is the rector; acting and deciding on school matters, unless otherwise provided by law. In cases where a specific provision envisages the scope of a statutory body, it shall be carried out by the rector.

(2) The Rector is appointed and dismissed by the President of the Republic on a proposal from the Academic Chamber of Public Higher Education. The proposal shall be made through the Minister for Education, Youth and Sports (hereinafter referred to as the Minister).

(3) The term of office of the Rector is four years. The same person may perform the duties of Rector at the same public university for a maximum of two consecutive periods.

(4) The Rector shall be represented by the Rectors in the extent specified by the Rector. Prorectors are appointed and recalled by the Rector.

(5) The remuneration of the Rector is determined by the Minister.

Scientific Council of Public Higher Education

§ 11

(1) The President of the Scientific Council of the Public Higher Education School shall be the Rector who shall appoint and dismiss other members of the Scientific Council; the duration of the term of office of the other members may be determined by the internal rules of the public higher education institution.

(2) The members of the Scientific Council of the Public College are important representatives of the fields in which the College carries out educational and creative activities. At least one third of the members are persons other than the members of the academic community of this school.

§ 12

(1) Scientific Council of Public Higher Education

(a) discuss, on a proposal from the Rector, the draft strategic intention of a public higher education institution and the annual plan for its implementation before submitting them to the academic Chamber of a public higher education institution;

(b) approve the study programmes submitted by the rector on a proposal from the scientific or artistic council of the faculty concerned; in the case of study programmes not carried out in faculties, without this proposal,

(c) approve the intention to submit an application for accreditation, extension of accreditation or extension of the duration of accreditation of study programmes submitted by the rector on a proposal from the Scientific or Artistic Board of the faculty concerned; in the case of study programmes not carried out at the faculty, without this proposal,

(d) approve, on a proposal from the Rector, the intention to submit an application for institutional accreditation for the field (s) of education and to extend institutional accreditation for the other area (s) of education;

(e) approve the intention to submit an application for accreditation of the habilitation procedure or the appointment procedure submitted by the rector on a proposal from the scientific or artistic board of the faculty concerned; in the case of proceedings which are not carried out at the faculty, without this proposal,

(f) approve, on a proposal from the Rector, the intention to give up institutional accreditation, the intention to cancel the study programme and the intention to renounce the accreditation of the habilitation procedure or to appoint a professor;

(g) exercise jurisdiction in the procedure for appointment as professor and in the habilitation procedure to the extent provided for by this law;

(h) discuss the draft rules for the quality assurance system of educational, creative and related activities and the internal quality assessment of educational, creative and related activities of a public higher education institution submitted by the rector before submitting a proposal to the academic Senate of a public higher education institution;

(i) discuss the intention of the rector to appoint or withdraw members of the Internal Evaluation Board, if it is established;

(j) discuss the draft report on the internal quality assessment of the educational, creative and related activities of the public higher education institution submitted by the Chairman of the Board of Internal Evaluation prior to the submission of the proposal to the Academic Chamber of Public Higher Education and the proposals for amendments thereto;

(k) discuss the draft annual report on the activities of the higher education institution before submitting a proposal to the Academic Chamber of Public Higher Education;

(l) exercise the other powers laid down in the Statute of the Public Higher Education Institution.

(2) The supporting documents referred to in points (b) to (f) of paragraph 1 and the proposals referred to in points (h) to (k) of paragraph 1 shall be made available to the members of the Scientific Council of a public higher education institution at least 7 days before they are discussed in a way which allows remote access.

(3) In particular, the Scientific Council of the Public Higher Education Institution refers to matters presented by the Rector.

(4) The scope of the Scientific Council of a public higher education institution referred to in paragraph 1 (a) (ii) of this Article is limited to: (b) to (f) the Statute of the Public Higher Education Institution may be entrusted in whole or in part to the Board of Internal Evaluation or to the Scientific Council of the Faculty.

§ 12a

Internal evaluation board

(1) A public higher education institution establishes an internal evaluation board by the Statute of a public higher education institution, unless otherwise provided for by this law.

(2) At a public university which does not have institutional accreditation, the competence of the Internal Evaluation Board may be exercised by the Scientific Council of the Public Higher Education Institution, provided that the Statute of the Public Higher Education Institution so provides.

(3) The President of the Internal Evaluation Board shall be the Rector. The Vice-Chairman of the Board shall be appointed and removed by the Rector from the academic staff of a public university who are professors, lecturees or extraordinary professors of a given public university. The Chair of the Academic Chamber of Public Higher Education shall be a member of the Internal Evaluation Board. The other members of the Board shall be appointed and removed by the Rector, of which one member of the Board shall always be appointed from among the students of the public university. The length of the term of office of the Vice-President and other members of the Internal Evaluation Board may be laid down in the internal rules of a public university.

(4) Internal Evaluation Board

(a) approve the draft rules for the quality assurance system for educational, creative and related activities and the internal quality assessment of educational, creative and related activities of a public university submitted by the Chairman of the Board of Internal Evaluation before submitting a proposal to the Academic Chamber of Public Higher Education;

(b) supervise the internal quality assessment of educational, creative and related activities of a public university;

(c) prepare a report on the internal quality assessment of the educational, creative and related activities of the public higher education institution and the additions thereto;

(d) keep continuous records of internal quality assessments of educational, creative and related activities of a public university;

(e) carry out other activities within the scope laid down by the Statute of the Public Higher Education Institution.

§ 13

Disciplinary Board of Public Higher Education

(1) The members of the Disciplinary Board of the Public Higher Education Institutions are appointed and dismissed by the Rector from the members of the academic community of the Public Higher Education Institutions. Half of the members of the Disciplinary Board of Public Higher Education are students. The Disciplinary Board of Public Higher Education shall elect and dismiss its President from its members.

(2) The duration of the term of office of members of the Disciplinary Board of Public Higher Education provides for the internal rules of the Public Higher Education School.

(3) The Disciplinary Board of Public Higher Education shall discuss disciplinary offences for students of public higher education, unless they are enrolled in any of its faculties, and submit a proposal for a decision to the Rector.

(4) If all students of public higher education are enrolled at her faculties, the Disciplinary Board of Public Higher Education shall not be established.

Administrative Board of Public Higher Education

§ 14

(1) The Management Board of a public higher education institution has at least nine members, the number of which must always be divisible by three. After consulting the Rector, the Board of Directors of a public higher education institution shall be appointed and dismissed by the Minister in such a way that representatives of public life, professional chambers, employers' organisations or other persons or bodies performing, promoting or exploiting the educational or creative activities of higher education institutions or the results thereof, representatives of the local self-government and state administration and graduates of the university concerned are adequately represented. The members of the Management Board may not be employees of the public university concerned. The election of the President and Vice-Presidents and the manner in which the Management Board of a Public Higher Education Institution shall act shall be governed by the Statute of the Management Board of a Public Higher Education Institution approved by the Minister.

(2) The members of the Management Board of a public higher education institution are appointed for a term of six years. After the first appointment of the members of the Management Board, the names of one third of the members whose term of office ends after two years and one third of the members whose term of office ends after four years shall be determined by drawing lots. If a member of the Management Board of a public higher education institution becomes a member before the end of his term of office, a new member of the Management Board of a public higher education institution shall be appointed only for the remainder of the relevant term of office.

(3) The function of a member of the Management Board of a Public Higher Education Institution is hereby terminated

(a) the expiry of the term of office;

(b) giving up the function;

(c) death or the date on which the court's decision to declare himself dead or missing becomes final;

(d) the date on which the primary employment relationship with the public university concerned arises;

(e) the date on which the power of attorney was acquired

1. a decision by a court which has been sentenced by a member of the Board of Directors of a public higher education institution to an intentional offence or which has been sentenced to an unconditional custodial sentence for an act of negligence;

2. the decision of the court approving the agreement on the guilt of a member of the Management Board and the punishment for the intentional crime committed by it;

3. the decision of the Prosecutor, which has been suspended on condition of the submission of an application to punish a member of the Management Board for an intentional offence,

4. a decision by a prosecutor or a court which has been suspended on condition of prosecution of a member of the Management Board for an intentional offence or which has been approved for settlement in criminal proceedings for an intentional offence of a member of the Management Board; or

5. Judgement of the Court of First Instance, which was limited to the discretion of a member of the Management Board.

(4) Meetings of the Management Board of the Public Higher Education Institution shall be convened by its Chairman at least twice a year. The Rector, or on his behalf, the Prorector, the Quaestor, the President of the Academic Chamber of Public Higher Education, or on his behalf a member of the Academic Chamber of Public Higher Education, as well as the Chairman of the Board of Internal Evaluation, shall be entitled to attend the meetings of the Board of Directors of the Public Higher Education, and shall be entitled to attend meetings whenever they so request. At the request of the Rector, the Chairman of the Management Board shall convene an extraordinary meeting of the Management Board of a public higher education institution.

(5) Proposals for which, after their approval by the academic Chamber of a public higher education institution, pursuant to Article 15 (2) (b) and (c), the governing board of a public higher education institution is required to be approved by the governing board of a public higher education institution, shall be decided within 2 weeks of the date of referral by the academic Chamber to the governing board of a public higher education institution by the rector; where the governing board of a public higher education institution does not take a decision within that period, the proposal shall be approved. In the event that the Management Board of a Public Higher Education Institution does not approve the proposal, it shall return it, stating the reasons for the reconsideration, to the Academic Chamber of the Public Higher Education Institution; In such cases, the original proposal shall be approved without the need for further subsequent approval by the governing board of a public higher education institution, provided that at least three fifths of all members of the academic senate have spoken for it. If the Academic Chamber of Public Higher Education agrees with the comments of the Board of Directors of Public Higher Education, it shall approve the proposal by a simple majority. The determination of the date of assignment, as set out in the first sentence, shall be defined by the internal rules of the public higher education institution.

§ 15

(1) The Administrative Board of a Public Higher Education Institution gives its prior written consent

(a) the legal acts by which a university intends to acquire or transfer ownership of immovable property;

(b) the legal acts by which a university intends to acquire or transfer ownership of movable property, the price of which is higher than 500 times the amount from which cases are considered to be tangible property under the special regulation2);

(c) the legal acts by which a university intends to establish a substantive burden or other substantive right or right of pre-purchase for the matters referred to in (a) and (b);

(d) the legal acts by which the university intends to establish, abolish or convert another legal person and the deposits with a cash or non-cash object into such and other legal persons.

(2) The Administrative Board of a Public Higher Education Institution, after approval in the Academic Chamber of a Public Higher Education Institution

(a) discuss the report on the internal quality assessment of the educational, creative and related activities of the public university, submitted by the Rector, and the additions thereto; the report and the additions to the report may be discussed before being approved by the Academic Chamber of Public Higher Education, in which case the Rector shall send to the members of the Management Board of the Public Higher Education Institution the approved version of the report or addendum if it differs from that discussed by the Management Board;

(b) approve the budget and medium-term outlook of the public university presented by the Rector;

(c) approve the strategic plan of the public university and the annual plan for its implementation;

(d) discuss the annual activity report and the annual report on the management of the public higher education institution submitted by the rector.

(3) The Management Board of the Public Higher Education Institution shall comment on other matters presented to it by the Rector for consideration; gives incentives and gives opinions on the activity of a public university which it publishes on the public part of the public website of a public university.

(4) In the event of a payment of the contractual transfer of the movable item referred to in paragraph 1 (b), the price (3) shall be negotiated at an amount which is customary at the place and time; the case may be transferred free of charge only in the public interest or where the transfer is more economical than any other way of dealing with the case.

(5) The governing board of a public higher education institution shall not approve legal proceedings if it is contrary to the requirement of the proper use of the public higher education institution's assets or if it would jeopardise the performance of the school's tasks.

(6) The issue of prior written consent to the legal acts referred to in points (a) to (d) of paragraph 1 must be notified by the Management Board of a public higher education institution within seven days of its issue to the Ministry of Education, Youth and Sports (hereinafter the Ministry).

(7) The legal acts referred to in points (a) to (d) of paragraph 1 shall be void without the consent of the Management Board of a public higher education institution and without notification to the Ministry referred to in paragraph 6.

(8) The Management Board of the Public Higher Education Institution shall ensure that the purpose for which the public higher education institution was established is maintained and that the public interest in its activities and the proper management of its property is exercised.

(9) The activities of the members of the Board of Directors of a public higher education institution are an act of general interest. 4) (5) The Ministry may grant them remuneration.

(10) The activities of the members of the Management Board of a Public Higher Education Institution shall be subject to specific regulations.6)

§ 16

Questor

(1) Kvestor manages and acts as the management and internal administration of a public higher education institution to the extent provided for by the Rector's measure.

(2) Questor is appointed and withdrawn by the Rector.

§ 17

Internal Regulations of Public Higher Education

(1) The internal rules of public higher education are:

(a) the status of a public university;

(b) the Rules of Procedure of the Academic Chamber of Public Higher Education;

(c) Rules of Procedure of the Academic Chamber of Public Higher Education;

Citation	Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	29.05.1998
Effective from	01.07.1998
Effective until	-
Status	Valid

Act No. 111 / 1998 Coll.

Law on higher education and amending and supplementing other laws (Act on higher education)

Contents