Act No. 552 / 2005 Coll.
Act amending Act No. 111 / 1998 Coll., on Higher Education, and amending and supplementing other laws (Act on Higher Education), as amended, and some other laws
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Effective from 01.01.2006
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01.01.2006
30.12.2005
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552
THE LAW
of 20 December 2005
amending Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Higher Education Act
Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended by Act No. 210 / 2000 Coll., Act No. 147 / 2001 Coll., Act No. 362 / 2003 Coll., Act No. 96 / 2004 Coll., Act No. 121 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 473 / 2004 Coll., Act No. 562 / 2004 Coll. and Act No. 342 / 2005 Coll., is amended as follows:
1. Paragraph 2 (3) reads as follows:
"(3) College 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 only to university universities. "
2. Paragraph 8 (1) reads as follows:
"(1) The Academic Chamber of Public Higher Education is its self-governing 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 to be elected and the choice of the chair of the academic senate, the bodies of the academic senate and their establishment and the reasons for the termination of membership of the academic senate and, where appropriate, the incompatibility of membership of the academic senate with the performance of other functions. ';
3. In Paragraph 8 (3), the following sentence is inserted after the first sentence: "If a student elected to the academic Chamber of a public higher education institution is admitted to another, immediate follow-up study programme during his term of office, the internal rules of the public higher education institution may lay down the conditions under which his membership of the academic college does not cease. '
4. in Article 9 (1) (a):
"(a) decide, on a proposal from the Rector, to establish, merge, merge, divide or abolish 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," shall also decide on the establishment or abolition of joint posts in a higher education institution, "
5. in Article 9 (1) (b):
"(b) on a proposal from the Rector or on the basis of a referral by the Academic Chamber of the Faculty, approve the internal regulations of the higher education institution and its components,"
6. In Paragraph 9 (1), the dot at the end of point (i) is replaced by a comma and the following point (j) is added:
"(j) on a proposal from the rector, abolish or suspend the internal regulation, decision or other action of the body of a public college component, where such internal regulation, decision or action is contrary to specific regulations or internal rules of a public university."
7. In Paragraph 10, at the end of paragraph 1, the sentence "In cases where a specific provision foresees the scope of a statutory body, the rector shall do so."
8. In Paragraph 10 (3), the first sentence is: "The term of office of the Rector shall be four years. '.
9. in Article 17 (2), point (e) is deleted;
Points (f) to (j) shall be renumbered (e) to (i).
10. Paragraph 18, including footnote 8, 8a, 8b, 8c, 8d, 8e, 9 and 9a, reads as follows:
Public Higher Education Budget
(1) The public university shall draw up and manage the budget for the calendar year. The public college budget must not be drawn up as deficit.
(2) The revenue of the public university budget shall in particular be:
(a) a contribution from the State budget to educational and scientific, research, development, artistic or other creative activities (hereinafter referred to as "contribution") 8;
(b) grants from the State budget (hereinafter referred to as grants);
(c) study fees;
(d) income from property;
(e) other revenue from the State budget, the State funds, the National Fund and the budgets of municipalities and regions;
(f) revenue from additional activities;
(g) income from gifts and inheritance.
(3) The public higher education institution shall be entitled to the allowance referred to in paragraph 2 (a) to carry out accredited and lifelong learning programmes and associated scientific, research, development, artistic or other creative activities. The type and financial intensity of accredited and lifelong learning programmes, the number of students and the results achieved in educational and scientific, research, development, artistic or other creative activities and the complexity of the activity shall be decisive in determining the amount of the contribution. The amount of the contribution is also determined by the long-term intention of a public higher education institution and by the long-term intention of educational and scientific, research, development, artistic and other creative activities in the higher education sector developed by the Ministry and its annual updates (hereinafter referred to as the Ministry's long-term intention). The public university shall be responsible for the advance payment on the contribution determined on the basis of the relevant data according to the condition of 31 October of the previous calendar year. The contribution is provided from the budget chapter in accordance with the general rules for the provision of state budgetfunds for subsidies (8a).
(4) By decision, the Ministry shall determine whether the contribution or subsidy granted is the participation of the state budget in the financing of the programme8b), with the exception of its maintenance and repairs, the participation of the state budget in the financing of the programme if it exceeds CZK 10,000 000.
(5) A public university is entitled to a grant for the development of a university. Public HEIs may be granted in particular grants for student accommodation and meals. The terms of the grants, their use and settlement shall be governed by the general rules governing the management of State budget8d) and by specific rules governing research and development8e). The long-term design of a public higher education institution and the Ministry's long-term intention are decisive for the amount of subsidies.
(6) The following funds are set up by the Public College:
(a) a reserve fund intended in particular to cover losses during the following financial years;
(b) capital reproductions fund;
(c) a scholarship fund;
(d) the remuneration fund;
(e) the Fund for assigned appropriations;
(f) the Social Fund;
(g) an operational fund.
(7) The public higher education funds referred to in paragraph 6 (a), (b), (d) and (g) are made from profits, unless expressly provided otherwise; the capital reproductions fund and the operational funds also on the balance of contributions referred to in paragraph 2 (a) as at 31 December of the current year, the capital reproductions fund also on the depreciation of tangible and intangible assets (9). The resources of the Scholarship Fund are transfers of study fees pursuant to § 58 (7) and transfers of tax-deductible expenditure under the special rule 9a). A public university can only distribute profits after tax into funds if any losses from past periods have been paid. The balances of the Funds as at 31 December of the current year shall be carried over to the following financial year. The use of funds referred to in points (a) to (d), (f) and (g) of paragraph 6 and the conditions for the transfer of funds between funds referred to in points (a), (b), (d) and (g) of paragraph 6 shall be governed by the internal rules of the public higher education institution.
(8) The conditions for the creation and use of funds are laid down in the internal rules of the public higher education institution.
(9) This appropriation is intended to cover the following expenditure:
(a) assigned gifts, with the exception of gifts intended for the acquisition and technical evaluation of fixed assets;
(b) assigned funds from abroad;
(c) assigned public funds, including special-purpose and institutional support for research and development from public funds which could not be used by a public university in the financial year in which they were granted.
(10) The assigned appropriations referred to in paragraph 9 (c) may be carried over by a public higher education institution to the Fund up to a maximum of 5% of the amount of assigned public funds granted to a public university for each research and development project or research project in a given calendar year; in the case of other public support up to 5% of the amount of such aid granted to a public university in a given calendar year. The transfer of assigned funds shall be notified in writing by the public university to their providers.
(11) The resources of the Fund may be used by the public higher education institution only for the purpose for which they are provided.
(12) The Social Fund shall consist of a basic allocation of up to 2% of the annual cost of a public higher education institution charged for wages, compensation for wages and on-call fees.
(13) Budget appropriations shall be used only to finance the activities for which the public higher education institution has been set up and to finance the additional activities referred to in Article 20 (2).
8) Paragraph 7 (1) (t) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended.
8 (a) Paragraph 10 (2) of Act No. 218 / 2000 Coll., as amended.
8b) Sections 12 and 13 of Act No. 218 / 2000 Coll., as amended.
8c) Communication from the Czech Statistical Office No. 321 / 2003 Coll., on the introduction of the Classification of Construction Works of CZ- CC.
8d) Act No. 218 / 2000 Coll., as amended.
8e) Act No. 130 / 2002 Coll., on the promotion of research and development from public funds and on the amendment of certain related laws (Act on the promotion of research and development), as amended. Government Decree No. 461 / 2002 Coll., on the purposeful promotion of research and development by public funds and on the competition in research and development. Government Decree No. 462 / 2002 Coll., on institutional support for research and development by public funds and on evaluation of research projects, as amended by Government Decree No. 28 / 2003 Coll.
9) Act No. 563 / 1991 Coll., on Accounting, as amended.
9a) Act No. 586 / 1992 Coll., on Income Tax, as amended. '
11. in Paragraph 19 (3):
"(3) A public higher education institution may acquire only securities issued by a State or securities guaranteed by the State for the repayment of which the State has guaranteed or securities of the company to which the public higher education institution has deposited assets. '
12. The third sentence of Paragraph 20 (3) reads: "Furthermore, a public higher education institution shall not be entitled to place in a commercial company or cooperative real estate acquired in the ownership of public state-owned HEIs, the grant granted under Paragraph 18 (3) and the grant granted under Paragraph 18 (4)."
13. in Paragraph 20 (6):
"(6) The Minister shall be responsible for the efficient use of contributions and subsidies and for the management of state budget subsidies and for the proper management of public higher education property. '
14. In Article 21 (1), the dot at the end of point (f) is replaced by a comma and the following point (g) is added:
"(g) publish on the official record a list of accredited study programmes, including their type, a breakdown into study fields, forms of teaching and standard periods of study, and a list of subjects in which he is entitled to take habilitation or appointment as professorship, indicating the faculty, whether the study programme or field in which he is entitled to hold habilitation or appointment as professor, is accredited at the faculty.";
15. in Article 23 (3), the word "consent" shall be replaced by "previous."
16. in Paragraph 26 (1):
"(1) The Academic Chamber of the Faculty is its independent representative academic body. It shall have at least nine 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 the Faculty are elected by the members of the Academic Municipality of the Faculty. The election is direct, with a secret vote. The internal regulations of the Faculty shall specify in particular the number of members of the Academic Chamber, the manner in which they are elected and the way in which they are elected by the President of the Academic Chamber, the bodies of the Academic Chamber and their establishment and the reasons for their termination of membership of the Academic Chamber and, where appropriate, the incompatibility of their membership with the performance of other functions. '
17. In Paragraph 26 (3), the following sentence is inserted after the first sentence: "If a student elected to the Academic Chamber of the Faculty during his term of office is admitted to another, immediately downstream study programme, the internal regulations of a public university may lay down the conditions under which his membership of the Academic Chamber of the Faculty does not cease."
18. in Article 27 (1) (b) and (h), the words "on a proposal from the Dean" shall be inserted before the text "approved."
19. in Paragraph 27 (1) (b), the words "and proceed to the approval of the Academic Chamber of Higher Education" shall be added after the words "the internal regulations of the Faculty."
20. Paragraph 28 (3) reads:
"(3) The Rector may dismiss the Dean on his own initiative only after the prior observations of the Academic Chamber of the Faculty and with the agreement of the Academic Chamber of Public Higher Education in the event that the Dean fails to fulfil his duties or seriously harms the interest of the College or the Faculty. '
21. In Paragraph 28 (4), the first sentence is: "The term of office of the Dean is four years."
22. in Article 33 (2), points (b) and (c) are deleted;
Points (d) to (g) shall be renumbered (b) to (e).
23. In Paragraph 40 (2), the following sentence is inserted after the first sentence: "The Ministry may grant grants to private HEIs for scholarships under § 91 (2) (d), under § 91 (3)."
24. in § 42 (1) (e):
"(e) publish on the official record a list of accredited study programmes which it carries out, including their type, a breakdown into the fields of study, forms of teaching and standard periods of study and a list of the fields in which it is entitled to take habilitation or appointment as a professor;"
25. In Paragraph 46 (5), the following sentence shall be inserted after the first sentence: "A fee of no more than twice the base referred to in Article 58 (2) may be set by the university for the actions relating to the acceptance of the application for this test and the conduct of this examination."
26. In the third sentence of Article 46 (5), the words "for consideration 'shall be inserted after the words" have the right'.
27. in Paragraph 47 (2):
"(2) The standard period of study shall be at least three and a maximum of four years. ';
28. the following Sections 47a and 47b are inserted after Section 47:
(1) Studies in the Bachelor's, Master's or Doctoral Studies Programme may also be carried out in cooperation with a foreign university which carries out the content-related study programme.
(2) The terms of cooperation referred to in paragraph 1 shall be adapted in accordance with the provisions of the Act by the agreement of the participating universities.
(3) Graduates in a study programme carried out in cooperation with a foreign university are awarded an academic degree according to § 45 (4), § 46 (4) or § 47 (5) as well as, where appropriate, the academic degree of a foreign university according to the legislative state applicable in the country concerned. The university diploma includes a cooperating foreign university and, where appropriate, the fact that the awarded foreign academic degree is a common degree awarded at the same time as at a foreign university.
Publication of final works
(1) The university of non-employment publishes dissertation, diploma, bachelor's and rigorously work for which the defence has been conducted, including opinions of opponents and the outcome of the defence through a database of qualifications he manages. The method of publication shall be laid down in the internal rules of the university.
(2) The dissertation, diploma, Bachelor's and rigorously handed over to the applicant for defence must also be published at least five working days before the defence is held for public consultation at a place designated by the internal regulations of the higher education institution or, if not so specified, at the place of employment of the university where the defence is to be held. Any person may make extracts, copies or copies of the published work at his or her expense.
(3) The author agrees to publish his work under this law, regardless of the outcome of the defence. "
29. In Article 49 (5), the words "and the manner in which they are to be submitted in writing or by electronic means' shall be added after the words" the deadline for submitting applications for studies'.
30. In Paragraph 49, paragraph 6 is added:
"(6) In order to maintain the beginning of the academic year, if accreditation is granted to the study programme, the university or faculty may not comply with the four-month deadline for applying for the study. In such a case, the deadline for submitting applications for studies may be shorter but at least one month. The other conditions referred to in paragraph 5 shall remain unchanged. ';
31. in Paragraph 50 (1), the word "written" shall be deleted;
32. At the end of the text of paragraph 1, the sentence "In the application, the applicant shall always indicate the name or, where applicable, the name, surname, birth number, if any, and the address of the place of permanent residence in the Czech Republic or residence outside the Czech Republic. the alien shall also indicate the date of birth, sex, residence in the Czech Republic and citizenship. ';
33. In Section 50, paragraph 9 is added, including footnote 15a:
"(9) The university or faculty shall process and provide data on applicants for statistical surveys in accordance with the special Regulation 15a.
15a) § 10 of Act No. 89 / 1995 Coll., on the State Statistical Service, as amended. '
34. in Paragraph 53 (3), the word "name" shall be replaced by "may name."
35. in Paragraph 55 (2), the words "Certificate of State Examination" are replaced by the words "Diploma Supplement."
36. in Paragraph 57 (1), point (d) is deleted;
Points (e) to (g) shall be renumbered (d) to (f).
37. In Paragraph 57, the following sentence is added at the end of paragraph 3: "The data referred to in the first sentence may also be recorded in the electronic information system of a university or faculty. In such a case, the university or faculty is required to secure data in the electronic information system against interference by unauthorised persons. The statement of study shall then be considered as an extract of such data officially certified by the university or faculty. ';
38. Paragraph 57 (5) to (8), including footnote 16, states:
"(5) Evidence of the examinations carried out or of the study shall be obtained:
(a) the person who completed his studies in the study programme referred to in Article 56 (1);
(b) a student at his request,
(c) a graduate of the study programme on request.
(6) The Diploma Supplement will be received by a graduate of the study programme.
(7) The Higher Education Diploma and the Diploma Supplement are considered to be public documents and bear the national emblem of the Czech Republic (16), together with an indication of the relevant university and academic degree awarded; They are usually issued by a university at an academic ceremony.
(8) In the study documents referred to in paragraph 1, and in the decisions and certificates referred to in paragraphs 50 to 69, in paragraphs 89 to 91 and in paragraph 99, the university shall be entitled to indicate the birth number of the person concerned when assigned to it.
16) § 2 (r) of Act No. 352 / 2001 Coll., on the Use of State Symbols of the Czech Republic and on the amendment of certain laws. "
39. In the second sentence of Paragraph 58 (2), the word "beginning 'is replaced by" end of January'.
40. Paragraph 58 (3) reads as follows:
"(3) If a student studies in a study programme for longer than the standard study period is increased by one year in the Bachelor's or Master's degree programme, the public university shall charge him a fee of at least one-and-a-half times the basis for each additional six months of study; all previous studies in Bachelor's and Master's programmes which have been completed other than properly in accordance with § 45 (3) or § 46 (3) shall also be taken into account, the period in which the student has studied in such programmes and in the current study programme in parallel shall be counted only once. ';
41. In the first sentence of Paragraph 58 (4), the words "which shall be the maximum base for one year 'shall be replaced by the words" which shall be the maximum basis for each additional year of study commenced'.
42.Paragraph 58 (8) reads as follows:
"(8) A decision on the measurement of the fee associated with the study referred to in paragraph 3 or paragraph 4 shall be taken at least 90 days before the fee is due. The rector may, in the context of the decision on the application for review, reduce, waive or postpone the fee to be paid, taking into account, in particular, the student's study results and social situation in accordance with the principles laid down in the Statutes of Public Higher Education. ';
43. In Paragraph 66, the sentence "A period of one year shall not be counted when a person is not a student."
44. in Article 68 (3), the following point (f) is inserted after point (e):
"(f) assessment of the fee associated with the study pursuant to § 58 (3) and (4),"
Points (f) to (h) shall be renumbered as points (g) to (i).
45. In Paragraph 68, at the end of paragraph 4, the sentence "An application for review of a decision issued pursuant to paragraph 3 (f) shall always have suspensory effect."
46. In Paragraph 72 (8), the fifth sentence is deleted and the words "justified 'in the sixth sentence are deleted.
47. In Paragraph 72 (10), the sentences of the second and third paragraphs are deleted.
48. In Paragraph 72 (11), the fourth sentence is deleted.
49. in Paragraph 72 (12), the words "together with its justification" shall be deleted;
50. In Paragraph 74 (5), the third sentence and the words "justified 'in the fourth sentence are deleted.
51.Paragraph 79 (6) reads as follows:
"(6) The Accreditation Board shall not give a favourable opinion on the application for accreditation of the study programme for the reasons referred to in points (a) and (b) of paragraph 5. The opinion of the Accreditation Board shall include a justification on which specific points the study programme does not meet the grounds referred to in points (a) and (b) of paragraph 5. ';
52. In Paragraph 79, paragraph 8 is added:
"(8) If the Ministry finds that the facts set out in the statement of reasons for not giving a favourable opinion of the Accreditation Commission do not correspond to the fact or the law, the Ministry may invite the Accreditation Commission to renegotiate to issue an opinion and to remedy the deficiencies in the reasoning. '
53.Paragraph 80 (1) reads as follows:
"(1) Accreditation of the study programme shall be granted for a maximum period of 10 years, calculated from the date of the decision."
54. Paragraph 82 (8) reads:
"(8) Accreditation of the habilitation or appointment procedure shall be granted for a maximum period of 10 years, calculated from the date of the decision. ';
55. in Paragraph 83 (7):
"(7) The Accreditation Board for the training of its meetings may set up advisory working groups whose composition must correspond to the type of study programme, its form and objectives; in the case of accreditation of the habilitation procedure or the appointment of a professor of the field for which accreditation is to be granted, or of a relative. ';
56. in § 87 (i):
"(i) brings together and uses information on applicants for admission to study and on participants and graduates of lifelong learning and information from student matrices in accordance with specific regulations; for the pooling and use of information and for the carrying out of statistical surveys, it shall be entitled to use the natural numbers of applicants for admission to study in the study programme, of persons admitted to study in the study programme, of students studying in the study programme, and of persons who have interrupted or terminated the study programme, of participants in lifelong learning and of graduates of lifelong learning; ';
57. in Paragraph 87, at the end of point (s), the dot is replaced by a comma and the following points (t) and (u) are added:
"(t) provide specific support from the European Funds through the State budget to legal and natural persons as beneficiaries or to co-beneficiaries who, by means of an agreement concluded between them, deal with projects aimed at educational activities carried out at universities on the basis of a call for tenders;
(u) determine the part of the special-purpose support from the European Funds which the beneficiary is obliged to provide to the co-beneficiary in accordance with point (t). The special-purpose aid shall not be granted in accordance with the specific Regulation 20a).
20a) Act No. 40 / 2004 Coll., on Public Procurement, as amended. '
58. In Article 91 (2), the words "or from a contribution 'shall be inserted after the words" from a subsidy'.
59. In Paragraph 91, the following paragraph 3 is inserted after paragraph 2, including footnote 21a:
"(3) The scholarship referred to in paragraph 2 (c) shall also be awarded to students who are entitled to a child allowance at an increased level in accordance with the special Regulation 21a) and shall be at least a monthly multiple of that child allowance. The scholarship is awarded for a standard period of study of 10 months in the academic year. The student's entitlement to the scholarship is demonstrated by a written notification of the grant of the child allowance by the State Social Aid Office, which decides on the grant. A multiple child allowance is provided for by the Government's regulation.
21a) Paragraph 17 (2) (a) of Act No. 117 / 1995 Coll., on State Social Aid, as amended. '
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
60. In Paragraph 91 (4), the words "or from a contribution 'shall be inserted after the words" from a subsidy'.
61. in Paragraph 101 (1), the words "on 1 January 1999" shall be deleted;
62.
"Annex No 1 to Act No 111 / 1998 Coll.
Public universities in the Czech Republic:
Charles University in Prague
Palacký University in Olomouc
Czech Technical University in Prague
Mining University - Technical University of Ostrava
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Regulation Information
| Citation | Act No. 552 / 2005 Coll., amending Act No. 111 / 1998 Coll., on Higher Education, and amending and supplementing other laws (Act on Higher Education), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2005 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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