What is Act No. 172 / 1990 Coll.?

Act No. 172 / 1990 Coll., on Higher Education — Law on Higher Education.

When it became Act No. 172 / 1990 Coll. effectiveness?

Act No. 172 / 1990 Coll. became effective 01.07.1990.

Is Act No. 172 / 1990 Coll. still valid?

Yes, Act No. 172 / 1990 Coll. is still valid and effective.

Act No. 172 / 1990 Coll. - Law on Higher Education

172

THE LAW

of 4 May 1990

concerning universities

The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:

The mission of universities is to protect knowledge and develop education based on scientific knowledge and creative scientific and artistic activities. In the spirit of national and all-human humanities and democratic traditions, universities have a special responsibility for developing education as part of the culture of society as a whole, while contributing to raising the scientific, technical and economic level of society. In this activity they follow the global development of science and culture.

Universities allow lifelong learning. They can also address the wider public and contribute to the education of a wide range of citizens.

ČÁST PRVNÍ

Preliminary provisions

§ 1

(1) Universities are top educational, scientific and artistic institutions.

(2) Universities are self-governing. The organisation and activities of a higher education institution shall be decided in accordance with the law and within its limits by the authorities of the academic self-government.

(3) The basic task of universities is to provide higher education based on creative scientific research and creative artistic activity. Universities have the exclusive right to provide higher education and to award academic degrees to university graduates; have the right to conduct postgraduate studies and the exclusive right to award academic degrees to his graduates.

(4) In the context of carrying out their basic tasks, universities may also carry out economic activities.

ČÁST DRUHÁ

Academic rights and freedoms

§ 2

(1) In universities, members of the academic community guarantee freedom of scientific research and publication of its results, freedom of artistic creation, the right to teach and learn, the right to elect academic self-governing bodies, the right to various philosophical opinions and religious beliefs and the right to spread them, the right to use academic insignia and characters and perform academic ceremonies.

(2) The use and application of these rights and freedoms must comply with the principles of democracy, humanity and the rule of law.

(3) The integrity of the academic land of universities is guaranteed, except in cases of life, health and property threats. The admission of law enforcement authorities to academic ground shall be authorised by the rector or by the vice-president or dean in the event of a reasonable suspicion of the commission of a criminal offence.

(4) Political parties and political movements must not form their organisations on academic ground.

ČÁST TŘETÍ

Establishment and legal status of universities and faculties

§ 3

Universities are established, merged, divided and repealed in the Czech Republic by the Czech National Council and in the Slovak Republic by the Slovak National Council; the name and registered office of the higher education institutions shall be determined in the same way.

§ 4

(1) Higher education institutions may participate in faculties.

(2) The faculties establish, merge, divide and abolish the Academic Chamber of Higher Education; the name and seat of the faculty shall be determined in the same way.

§ 5

(1) Universities and faculties are legal persons.

(2) The university is acting on its behalf in legal relations in those areas which concern the university as a whole, as well as those entrusted to it by the faculties, as decided by the Academic Chamber of the Faculty.

(3) Other higher education institutions (faculties) are legal persons, if they determine the status of higher education (faculties).

ČÁST ČTVRTÁ

Economic security of universities and faculties

§ 6

(1) Universities and faculties are financed from state resources.

(2) Higher education institutions (faculties) may also obtain funding from other sources, both domestic and foreign, or economic activities for their activities. These funds shall be exempt.

ČÁST PÁTÁ

Self-administration of universities

§ 7

Academic community

The academic community of the university (faculties) consists of teachers, scientists, students, and, if determined by the status of the university (faculties), professionals of the university (faculties).

§ 8

Academic bodies and academic officials

(1) Academic bodies and academic officials of higher education are the academic senate, the scientific, artistic council of higher education (the "Scientific Council of higher education"), the rector and the prorectors.

(2) Academic bodies and academic officials of the Faculty are the Academic Chamber, the Scientific Chamber, the Faculty's Art Council (the Faculty's Scientific Council), the Dean and the Dean.

Academic Senate of the College, Academic Chamber of the Faculty

§ 9

(1) The Academic Chamber of Higher Education is elected by the academic community of higher education, so that each faculty is represented by the same number of members. The members of the academic senate of the university are responsible for their activities to the academic community of the university.

(2) The Academic Chamber of Higher Education consists of elected representatives of the academic community of higher education.

(3) The Academic Chamber of the Faculty is elected by the academic community of the Faculty. Members of the academic senate of the faculty are responsible for their activities to the academic community of the faculty.

(4) The Academic Chamber of the Faculty consists of elected representatives of the academic community of the Faculty.

(5) The function of a member of the Academic Senate of the College and of a member of the Academic Chamber of the Faculty is incompatible with that of Rector, Prorector, Dean and Vice-Dean. The Rector (Dean) or his / her representative may attend meetings of the relevant academic chambers with an advisory vote.

§ 10

(1) The Academic Chamber of Higher Education in particular

(a) establish, merge, divide and abolish faculties;

(b) approve the Statute of the College;

(c) propose a candidate for a rector from professors and teachers and propose an appeal from the rector; the proposal for the appointment and dismissal of the Rector is submitted by the Academic Senate to the President of the Republic,

(d) give its assent to the President's proposals for the appointment of representatives;

(e) discuss the setting up of scientific, educational, development, economic and information centres and special purpose facilities of a university;

f) approves the Rector's proposal for the annual allocation of funds from the College to the faculties, workplaces and special purpose facilities of the College and checks their use;

(g) give its assent to the President's proposal for the appointment of the Scientific Council of the College,

(h) delegate a representative of a university to the Council of Higher Education Institutions;

ch) approves the Statutes of the Faculty of Higher Education;

(i) report to the academic community at least once a year on its activities and the state of the university.

(2) Academic Chamber of the Faculty in particular

(a) proposes the Statute of the Faculty;

(b) elect the Dean from professors and faculty teachers and dismiss him from office,

(c) agree with the Dean's proposals for the appointment of the Dean,

d) discuss the establishment of scientific, educational, development, economic and information centres and special purpose facilities of the Faculty;

e) approves the Dean's proposal for the annual allocation of funds to the faculty by organisational parts, workplaces and special purpose facilities of the faculty and checks their use;

f) Approves the study programmes of the faculty;

(g) approve the number and structure of faculty staff;

h) agrees with the Dean's proposal for the appointment of the Scientific Council of the Faculty,

(ch) delegates a representative of the faculty to the Council of Higher Education,

(i) report to the academic community at least once a year about its activities and the state of the faculty.

(3) The Academic Chamber of Higher Education shall give a vote in secret on the matters referred to in paragraph 1 (c), (d), (g) and (h) and the Academic Chamber of Faculty on the matters referred to in paragraph 2 (b), (c), (h) and (ch).

§ 11

Scientific Council of Higher Education

(1) The members of the Scientific Council of the College are appointed by the Rector of Teachers, Scientists and other relevant experts, with the agreement of the Academic Chamber of the College. The number of other relevant experts shall not exceed one third of the total number of members of the Scientific Council of the College.

(2) Scientific Council of the College

(a) discuss matters relating to teaching, scientific research or artistic activity of a university;

(b) discuss proposals for the appointment of professors;

(c) examines docent habilitation and decides on their outcome if the university does not participate in faculty.

§ 12

Faculty Scientific Council

(1) The Dean shall be appointed by the members of the Scientific Council of the Faculty with the agreement of the Academic Chamber of the Faculty of Teachers, Scientists and other relevant experts. The number of other relevant experts shall not exceed one third of the total number of members of the Faculty Scientific Council.

(2) Scientific Council of the Faculty

(a) discuss and decide on the outcome of docent habilitation and submit proposals for the appointment of professors to the Scientific Council of the College;

(b) discuss the questions of teaching, scientific research or artistic activities of the faculty.

§ 13

Rector, Dean, Prorector, Prodean and Head of Educational and Scientific Workplaces

(1) The Rector is a representative of, and represents and acts on behalf of the College. The Rector is responsible for his activities to the academic Senate of the High School, in the cases referred to in § 15 (1) (c), (d) and (f) also to the Minister for Education, Youth and Sports of the Czech Republic (hereinafter referred to as the Minister).

(2) The Rector shall appoint a lecturer.

(3) The Rector establishes scientific, pedagogical, developmental, economic and information centres and special purpose facilities of a university.

(4) The Dean is a representative of the faculty, heads the faculty, represents it and acts on its behalf. The Dean is responsible for his work to the academic senate of the faculty and, to the extent determined by the university statute, to the Rector.

(5) The Dean establishes a scientific, pedagogical, developmental, economic and informational workplace and teaching facilities for the faculty.

(6) Prorectors represent the Rector to the extent specified by the Rector, and the Dean to the extent specified by the Dean. The Rector is appointed by the Rector with the agreement of the Academic Senate of the College, the Dean is appointed by the Dean with the Academic Chamber of the Faculty. The Prorector is accountable to the Rector, the Dean.

(7) The term of office of the Rector, Prorector, Dean and Dean is three years. The same academic function may be performed for a maximum of two consecutive periods.

(8) The Head of the teaching or scientific centre is in charge of its activities and is responsible for them to the Dean; where a teaching or scientific centre is set up directly at a university or performs tasks for several universities, it shall be responsible to the rector of the university in which it is organised.

§ 14

Kvestor, Secretary of the Faculty

Kvestor ensures the economic and administrative functioning of the university. The faculty secretary ensures the economic and administrative functioning of the faculty. Kvestor is subordinate to the Rector, the faculty secretary is subordinate to the Dean.

ČÁST ŠESTÁ

Ministry, Board of Higher Education and Accreditation Commission

§ 15

(1) Ministry of Education, Youth and Sports of the Czech Republic and Ministry of Education, Youth and Physical Education of the Slovak Republic ("Ministry")

(a) create conditions for the development of higher education and higher education;

(b) coordinate the activities of universities;

(c) distribute the funds allocated to it to individual higher education institutions and control their use;

(d) register the status of universities;

(e) establish institutions and workplaces which are legal persons for the performance of the tasks of higher education institutions, after the Council of Higher Education,

(f) decide, on a proposal or following the opinion of the Accreditation Committee, whether to withdraw the right of a university or faculty to take national and rigid examinations in the relevant fields of study, habilitation and appointment procedures for professors, or to return those rights to universities and faculties; if it withdraws the right to conduct proceedings or to carry out examinations, it shall decide at the same time at which other higher education institutions or faculties it takes place, provided that the university or faculty so agrees.

(2) The Minister, acting on a proposal from universities, makes proposals for the appointment of professors to the President of the Republic.

§ 15a

Appointment of professors and rectors of universities

On the basis of a proposal submitted by the Minister, the President of the Republic shall appoint professors and on the basis of the proposals submitted by the academic chambers of universities, he shall appoint and dismiss the rectors of universities.

§ 16

College Council

(1) The Board of Higher Education is a body of self-governing higher education institutions, representing higher education institutions in particular in relation to the Ministry.

(2) The Council of Higher Education Institutions in the Czech Republic consists of representatives of the academic chambers of higher education and faculties in the Czech Republic. The Council of higher education institutions in the Slovak Republic shall be composed of representatives delegated by the academic chambers of higher education and faculties in the Slovak Republic.

(3) The Board of Higher Education shall express:

(a) proposals for the establishment and composition of accreditation boards;

(b) the Ministry's proposals for the allocation of funds pursuant to Article 15 (1) (c) to universities;

(c) substantial proposals and measures concerning universities.

§ 17

Accreditation Board

(1) The Accreditation Commission, as its advisory body, is established in the Czech Republic by the Government of the Czech Republic, in the Slovak Republic by the Government of the Slovak reputation. The members of the accreditation committees shall be appointed by senior staff from universities, professional and scientific institutions.

(2) Accreditation Board

(a) comment on proposals to establish, merge and abolish universities and faculties (Sections 3 and 4);

(b) carry out the activities referred to in Article 15 (1) (f).

ČÁST SEDMÁ

University studies, postgraduate studies and lifelong learning of citizens

Higher education

§ 18

(1) A citizen has the right to study at a university in the chosen field of study if he has full secondary education or full secondary vocational education and proves the necessary competence for such studies. Attracts for determining the necessary competence and the way in which it is verified shall be approved by the Academic Chamber of the Faculty on the basis of a proposal from the Dean, at universities which do not include faculty, by the Academic Chamber of the University on the basis of the Rector.

(2) The Dean shall decide on the admission of the candidate to study. The candidate may appeal to the rector within eight days of the date of service against the decision of the Dean, which must be justified. The applicant may, within the same time limit, appeal to the academic senate of the higher education institution against decisions of the rector of a university which is not subdivided into faculties.

(3) A candidate who does not have full secondary education or full secondary vocational education may also be admitted to art college.

(4) The applicant becomes a university student on the day of registration.

§ 19

Higher education is completed by performing a state examination; If so determining the status of the faculty (for higher education institutions which do not apply to the faculty, the status of higher education), the defence of the thesis is also part of the state examination.

§ 20

A student ceases to be a student by performing a state examination, leaving his studies in accordance with § 21 (1), leaving his studies or leaving him.

§ 21

(1) Higher education institutions may carry out a comprehensive part of a higher education degree after which they give a diploma or grant the degree of "Bachelor" (Bc.).

(2) The following academic degrees are awarded to graduate students:

(a) at university, Bohoslovka and art universities, the academic title "Master's degree" (in short "Mgr."),

(b) at technical, economic and agricultural universities, the academic title "engineer" (in short "Ing.");

(c) in medical faculties, the academic title "doctor of general medicine" (in short "MUDr.") and in universities, the veterinary academic title "doctor of veterinary medicine" (in short "MVDr.").

§ 22

Postgraduate studies

(1) Graduates of higher education may apply for admission to graduate studies.

(2) Postgraduate studies contain lecture courses, examinations and ends with the defence of dissertation, which the student has to prove the ability to work independently scientifically, and by performing rigorous examinations.

(3) Graduates of post-graduate studies, with the exception of graduates of medical and veterinary studies, are awarded the academic-scientific degree "Doctor" (Dr.).

§ 23

The university carries out university and postgraduate studies in the fields of study defined by the university status.

§ 24

Lifelong learning of citizens

(1) Universities may undertake lifelong learning of citizens, in particular:

(a) provide further training necessary for the pursuit of specialised professions and, where appropriate, activities;

(b) allow the completion of education according to the development of world science.

(2) As a general rule, the reimbursement of the expenditure relating to this study is paid to universities by legal persons who send participants to this study or, where appropriate, to participants in the study.

§ 25

Evidence of termination

(1 Graduates of study in accordance with Section 22 are given a diploma with the presentation of lecture courses, examinations and rigorous examinations and the subject of dissertation. A State examination certificate shall be issued to graduates of the studies referred to in Sections 19 and 21.

(2) Diplomas or other documents concerning higher education and postgraduate studies or examinations awarded by a foreign higher education institution are valid in the territory of the Czech and Slovak Federal Republic only if they have been explicitly recognised (nostalified), provided that the international treaty which the Czech and Slovak Federal Republic is bound does not provide otherwise. A university in which there are equal or similar fields of study shall decide on the notation; if there is no such university in the Czech and Slovak Federal Republic, the Ministry shall decide. The award of an academic degree and an academic-scientific degree under this Act shall also be decided upon in the course of the notation.

ČÁST OSMÁ

§ 26

College students

(1) In particular, university students have the following rights:

(a) choose a study programme in accordance with the legislation and rules laid down by the university;

(b) apply to another faculty or university, or abroad, in the framework of his university studies;

(c) use university establishments in accordance with the rules laid down by the university;

(d) be represented in self-governing bodies of higher education and faculty;

(e) to establish independent associations in universities (associations, associations, state associations) in accordance with the law on the association of citizens;

f) to freely apply opinions and comments on higher education and to this end to create bodies representing university students in the Czech Republic and the Slovak Republic.

(2) Universities provide students with scholarships and physical security under conditions laid down in generally binding legislation.

(3) Students are required to respect the status of higher education and faculty.

(4) A student may be subject to disciplinary action under the disciplinary order of the university for a breach of obligations under this Act or the Statute of a Higher School or Faculty. For a particularly serious breach of these duties, a student may be excluded from university by decision of the Dean of the Faculty or of the Rector of the College, which does not include faculty.

ČÁST DEVÁTÁ

§ 27

Teachers and university scientists

(1) In higher education, teachers operate as professors, lecturees, assistants, and teachers; researchers may also work at universities.

(2) Teachers' and university scientists' posts are filled by bankruptcy. the method of bankruptcy shall be determined by the bankruptcy order [Paragraph 28 (2) (d)].

(3) A university teacher may be released for a reasonable period of time, with the agreement of the relevant academic Chamber, from carrying out teaching tasks and allowing him to pursue only scientific or artistic work.

(4) Successful habilitation based on habilitation work is a condition of obtaining the title "docent." The habilitation procedure shall be initiated by the presentation of habilitation work. The condition for obtaining the title "Professor" is prior habilitation.

(5) The title "Professor" and "Docent" can be withdrawn from those who have been misled by civil, scientific (artistic) or educational honour. Withdrawal of the title shall be decided by the institution which decided to award the degree, on a proposal from the academic senate of the higher education institution.

(6) Teachers' and researchers' employment rates end at the end of the school year in which they completed sixty-five years of age, unless their employment ended for another reason. The Dean, with the agreement of the Academic Chamber of the Faculty, may extend his employment to a university teacher. The Dean, with the agreement of the Academic Chamber of the Faculty, may comply with the professor's request to continue his scientific work at the university even after his employment.

ČÁST DESÁTÁ

Statutes of universities and faculties

§ 28

Higher Education Statute

(1) The Statute of the Higher Education Institution contains in particular:

(a) the focus of the university;

(b) the organisational structure of the university;

(c) studies at university on the proposal of faculties and length of study;

(d) the number of prorectors and sections of their activity;

Citation	Act No. 172 / 1990 Coll., on Higher Education
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	18.05.1990
Effective from	01.07.1990
Effective until	-
Status	Valid

Act No. 172 / 1990 Coll.

Law on Higher Education

Contents