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Memorandum of Understanding Between The MEMORANDUM OF UNDERSTANDING BETWEEN THE ARAGON AGENCY FOR QUALITY ASSURANCE AND STRATEGIC FORESIGHT IN HIGHER EDUCATION AND THE QUALITY ASSURANCE AGENCY FOR HIGHER EDUCATION OF ANDORRA FOR THE EVALUATION OF TEACHING AT THE UNIVERSITY OF ANDORRA BY AND BETWEEN On the one part, Ms. Pilar Alegría Continente, Regional Minister for Innovation, Research and University, pursuant to the Decree of 5 July 2015, of the Presidency of the Government of Aragon, representing the Aragon Agency for Quality Assurance and Strategic Foresight in Higher Education (ACPUA) in her capacity of Chairwoman of the Board of Directors in accordance with article 87, sections 2.a) and 3, of said Law and, once the signature of the Memorandum of Understanding is approved by the Board of Directors in its meeting on 22 February 2017, in accordance with article 10. 1. d) of the by-laws of ACPUA, approved by Decree 239/2006 of 4 December, of the Government of Aragon, following a favourable report from the Ministry of Foreign Affairs and Cooperation on 9 February 2017, and with the authorisation of the Government of Aragon granted during its session on 14 March 2017. On the other hand, Dr. Marta Fonolleda Riberaygua, Director of The Quality Assurance Agency for Higher Education of Andorra (AQUA), by virtue of the Edict of Appointment of 20 October 2016 and pursuant to the provisions of Article 11 of Law 9/2016 of 28 June on the Creation of The Quality Assurance Agency for Higher Education of Andorra (AQUA); and, once the signing of the Memorandum has been approved, by the Steering Committee at its meeting of 13 December 2016, in accordance with article 16 of the same law. Both agencies acknowledge their mutual co and sufficient legal capacity to sign this Memorandum of Understanding, and are aware of the importance of promoting a culture of quality in universities in accordance with international standards and of establishing mechanisms for coordination, cooperation and collaboration between them, 1 RECITALS I. That ACPUA was created by Law 5/2005, of 14 June, on the Organisation of the University System in Aragon, as a legal entity under public law as regulated in Article 79 and the following articles of the Revised Text of the Act on the Administration of the Autonomous Community of Aragon, approved by Legislative Decree 2/2001, of 3 July. As a consequence, ACPUA has legal personality, its own assets and is fully authorised to fulfil its purposes. Likewise, this regulation states that ACPUA will be dependent on the Department in charge of university education, currently the Department of Innovation, Research and University, as stipulated in the Decree of 5 July 2015, of the Presidency of the Government of Aragon, which modifies the organisation of the Administration of the Autonomous Community of Aragon and assigns competences to its Departments. Its objectives include the promotion and dissemination of a culture of quality in university environments, one which fosters the exchange of experiences with other university systems. One of its key functions is to evaluate and accredit the programmes, services and management activities of higher education centres and institutions. II That AQUA, on the other hand, was created by Law 9/2016, of 28th June, to create the Andorran Quality Assurance Agency for Higher Education, as a legal institution of public law that operates in accordance with the law of the Principality of Andorra, with legal personality, its own assets and full legal competences to fulfil its objectives. Its objectives include the evaluation, accreditation and certification of the quality of teaching in higher education in Andorra and its functions include accrediting the quality of programmes leading to the acquisition of official degrees, within the framework of the European quality area. 2 III. That both ACPUA and AQUA have shared objectives and interests in the fields of quality assessment and accreditation in the European Higher Education Area, with both seeking to strengthen a culture of quality and excellence of university systems that are linked by solid historical, geographical and cultural connections. IV.- That ACPUA is a full member of the European Association for Quality Assurance in Higher Education (ENQA) and is registered in the European Register for Higher Education (EQAR) and AQUA is keen to evaluate certain official degrees offered by the University of Andorra following ACPUA's methodology and evaluation criteria for teaching accreditation. To this effect, the collaboration between both institutions is deemed opportune so that, as part of the evaluation procedure of AQUA for the accreditation of Andorran degrees, ACPUA may intervene by undertaking the technical analysis of the quality of the degrees. This technical analysis by ACPUA will take the form of a series of degree visit reports drawn up in accordance with European Standards and Guidelines (ESG), for which ACPUA is accredited as an agency registered in the European EQAR register. These visit reports will be sent to AQUA by ACPUA as the agency responsible for the degree accreditation evaluation in the Principality of Andorra. V. That establishing collaborative links with public and private institutions, whether in Spain or abroad, which have similar purposes to its own is expressly provided for in article 3.3 of ACPUA's by-laws, in addition to the provisions of articles 2 and 20 of Law 1/2011 of 10 February on Agreements of the Autonomous Community of Aragon in the Area of Foreign Affairs. Likewise, the aforementioned Law 9/2016, of 28 June, which created The Quality Assurance Agency for Higher Education in Andorra, also expressly envisages the establishment of cooperation links and collaboration protocols between AQUA and other agencies abroad with evaluation, accreditation and certification functions. The foregoing justifies the need to sign this Memorandum of Understanding between ACPUA and AQUA, the purpose of which is solely to collaborate on matters of mutual interest without infringing upon Spain's foreign policy or incurring any 3 responsibility for its Government vis-à-vis foreign States or inter- or supranational organisations. CLAUSES ONE — OBJECT. The purpose of this Memorandum of Understanding is to formally establish ACPUA's technical collaboration with AQUA in the evaluation process to be carried out by the latter for the following official degrees at the University of Andorra: - Bachelor’s Degree in Computer Science (face-to-face teaching and e-learning modality) - Bachelor’s Degree in Business Administration (face-to-face teaching and e- learning modality) - Bachelor’s Degree in Nursing TWO. – COMMITMENTS OF THE SIGNING AGENCIES. 1. It is the responsibility of ACPUA: a) To commission a panel of experts for each degree, made up of an academic chairperson, an academic member and a student member, plus a secretary who will provide technical support to the Committee for the duration of its work. All these persons will be appointed by ACPUA. b) To analyse the quality of the three aforementioned degrees on the basis of their respective self-reports and applying ACPUA's teaching methodology and evaluation criteria. c) For the panel to conduct a visit of at least one day for each of these degree programmes. In the course of said visits, the panel members will meet with all of the persons in charge and stakeholders. d) To submit the pertinent visit reports to AQUA within the time limit specified by the latter. 4 2. It is the responsibility of AQUA: a) To provide the ACPUA committee of experts with the reports and self-evaluation reports for the aforementioned degrees. b) To provide the ACPUA panel of experts with the evidence pertaining to the content of said self-reports. c) To coordinate the panels' visits to the degree programmes; where appropriate, coordinators or observers appointed by AQUA may be included in the visits for the entire duration. THREE. – FINANCIAL COMMITMENTS. 1. AQUA undertakes to pay the expenses for ACPUA's collaboration in these evaluations. Said expenses amount to 3,695 (three thousand six hundred and ninety- five) euros per degree and modality evaluated, bringing the total to 18,475 (eighteen thousand four hundred and seventy-five) euros. 2. ACPUA assumes no financial commitment in relation to this agreement since the expenses for the evaluations are to be paid by AQUA. FOUR . — JO INT FOLLOW -UP COMMITTEE. 1. A Joint Follow-up Commission of four members will be set up to ensure a proper follow-up of this Memorandum of Understanding. The Director of AQUA and the Director of ACPUA will each appoint two representatives. A member of the Commission elected by the Commission itself will act as secretary. 2. The Follow-Up Commission will have the following functions: a) The follow-up and proper implementation of the objectives and commitments undertaken by each party. b) The resolution of disputes and issues of interpretation and compliance that may arise in relation to the provisions of this Memorandum of Understanding. Under 5 no circumstances is any such dispute to affect AQUA's evaluation procedure, only the technical collaboration provided for in this Memorandum of Understanding. 3. The Commission will establish its own operational system. FIVE. – COMPETENCES. The actions to be undertaken within the framework of this Memorandum of Understanding must abide by both the competences of the Autonomous Community of Aragon and the State's foreign policy, without the signature of this Memorandum of Understanding implying any responsibility of the latter towards foreign States. This document is not subject to international law. SIX. – PERIOD OF A PPLICATION. This Memorandum of Understanding is valid from the day it is signed until the day after ACPUA delivers to AQUA the reports on the degrees which are the subject of this Agreement. SEVEN - CONCLUSION OF THE IMPLEMENTATION OF THE MEMO RANDUM OF UNDERSTANDING This Memorandum of Understanding will be terminated, in addition to the completion of its period of application, for the following reasons: a) By mutual agreement between the parties b) In the event that circumstances arise which make its implementation either impossible or unnecessary.
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