1 Act CCIV of 2011 on Higher Education* the National Assembly
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Act CCIV of 2011 On Higher Education* The National Assembly - in awareness of its responsibility towards the nation; - in agreement with the national creed set forth in the Basic law - in order to intellectually and spiritually revive the nation - trusting the calling of the young generations to become university citizens, and - asserting its conviction that our children and grand-children shall advance Hungary through their talent, determination and spirit, hereby adopts the following Act: PART ONE GENERAL PROVISIONS CHAPTER I GENERAL PROVISIONS 1. Objective and Scope of the Act Section 1 (1) The aim of this Act is to raise the standard of higher education, define the criteria system required for passing on and acquiring competitive knowledge and to guarantee the operation of the higher education system in accordance with the frameworks defined under Section 3 of Article X of the Basic law. The legal framework of rules applicable to the financial management of higher education institutions shall be defined in a government decree. (2) The scope of this Act shall apply to all individuals and organisations involved in the activity and management of higher education, as well as to the higher education activities of Hungarian higher education institutions undertaken outside the territory of Hungary. * This Act was endorsed by the National Assembly as its session convened on 23 December 2011. 2. Basic Principles Governing the Operation of Higher Education Section 2 (1) As defined within the scope of this Act, a higher education institution shall be defined as an organisation established for the purpose of undertaking educational, academic research and artistic activities as a core activity. (2) The state shall be designated with the task of operating the higher education system, whilst the financing body shall be responsible for operating the higher education institution. (3) The educational core activity of the higher education institution extends to include higher educational vocational training, the Bachelor programme, the Master programme, the doctoral programme and specialist postgraduate programme. Unless otherwise regulated within the scope of this Act, exclusively higher education institutions shall be authorised to undertake activities qualified as core educational activities. (4) Higher education institutions shall be prohibited to allow organisations of political parties or organisations affiliated to political parties to use their premises for operating purposes. 1 (5) The state shall be obliged to ensure that programmes shall be available in Hungarian in every field of study. Programmes offered in higher education institutions may, either partly or fully, also be offered in languages other than Hungarian. Students belonging to a national minority may, in accordance with rules set forth in the present Act, take programmes in their native language or Hungarian, or in their native language and Hungarian. (6) The higher education institution shall be obliged to keep records prescribed in relevant legislation and shall be obliged to supply data specified to the national statistical data collection programme, as well as the higher education information system. Section 3 (1) Consecutive higher education course cycles offering a higher education degree: a) Bachelor programme; b) Master programme; c) Doctoral programme. (2) The Bachelor and Master programme may be organised in consecutive programme cycles, or in a single long cycle in specific cases defined in relevant legislation. The Government shall define the structure of programmes subdivided into cycles and single cycle long programme. (3) In addition to the rules defined in Paragraph (1), the following types of training not offering a higher education degree may also be organised within the framework of higher education: a) higher education vocational training, b) specialist postgraduate programme (4) Based on their founding charters, higher education institutions may engage in adult training without having to obtain the institutional accreditation defined in the Act on Adult Training or programme accreditation in respect of the programmes offered in their training programme. Higher education institutions, as well as the programmes offered in their training programmes shall qualify as accredited institutions or programmes after completing the registration procedure defined in the Act on Adult Training. Section 4 (1) The following may, either independently or jointly with other parties authorised, establish higher education institutions: a) the Hungarian state, national minority government; b) ecclesiastical legal persons registered in Hungary, including organisations with legal personality (hereinafter ecclesiastical legal person); c) business organisations with seats in Hungary [Point c) of Section 665 of Act IV of 1959 on the Civil Code (hereinafter Civil Code)]; d) foundations or public foundations registered in Hungary. (2) The right to exercise founder’s rights may be assigned in accordance with rules stipulated in the present Act. The individual exercising founder’s rights shall undertake tasks in connection with the maintenance of the higher education institution (hereinafter maintainer). (3) A higher education institution is financed from the budget if the institution is maintained by the entities listed in Point a) of Paragraph (1). Entities listed in Point a) of Paragraph (1), as well as those listed in Points b) to d) are also entitled to jointly exercise rights pertaining to maintenance. (4) Unless otherwise regulated by legislation, the Minister responsible for Education (hereinafter Minister) shall exercise maintenance-related rights on behalf of the state. 2 Section 5 (1) A higher education institution shall qualify as a legal personality. (2) In regard to state higher education institutions, the Act on the Legal Status of Civil Servants shall be applied together with other regulations defined in the present Act. (3) Transformation – incorporation, division, integration - of the higher education institution in accordance with the present Act shall not qualify as market conduct in accordance with the Act on Indecent Market Conduct and Ban on Restricting Competition. PART TWO OPERATION OF HIGHER EDUCATION INSTITUTIONS CHAPTER II FOUNDING A HIGHER EDUCATION INSTITUTION 3. Recognition by the State Section 6 (1) Organisations qualifying as higher education organisations may be founded or operated which have been founded for the purpose of providing higher education activities defined in the present Act and have been recognised by the National Assembly. (2) The state shall recognise higher education institutions which satisfy conditions deemed necessary for the provision of activities and which are authorised to provide a minimum of 4 programmes in at least two fields or disciplines in the available programme structure defined below under Points a) to d): a) Bachelor programme, b) Bachelor and Master programme, c) Bachelor, Master and doctoral programme, d) Master and doctoral programme. (3) The higher education institution shall be deemed to satisfy conditions required for providing tasks, if, by taking account of its activities defined in its statutes, it disposes of the personnel and organisational requirements necessary for continuous operation, material and financial instruments, as well as institutional documents. (4) A higher education shall be established pursuant to recognition by the state. (5) Higher education institutions may commence their operation if a) pursuant to the request of the maintainer, it has obtained its operating license from the body responsible for the registration of higher education institutions (hereinafter Educational Authority) and has been registered, and b) the National Assembly has endorsed its recognition. 4. Operating License Section 7 (1) A higher education institution shall be required to dispose of two permanent seats, as well as permanent teaching and research staff. (2) The permanent seat shall be the place where higher education core activities are undertaken and which serves as the centre for administration, providing that it meets requirements set by the Government in respect of the provision of higher education institution activities for at least 8 years. 3 (3) The requirement regarding the availability of permanent teaching and research staff shall be met, if the higher education institution directly employs at least 60% of its teaching and research staff or employs this staff on the grounds of a public service employment contract. Section 8 (1) As a precondition for issuing the operating license, the maintainer shall certify that all requirements necessary for operating the higher education institution are satisfied or may be gradually established in compliance with education and research demands. (2) The Educational Authority shall issue an operating license on condition that activities listed in the license in connection with education and academic research only commence following state recognition endorsed by the National Assembly and the entry into force of the legislative amendment concerning state recognition. The Educational Authority shall review the operating license at least every five years. (3) Annex 1 to the present Act lists higher education institutions recognised by the state. (4) The maintainer shall approve the the founding charter of the higher education institution, as well as amendments made to the founding charter. Minimum data requirements in respect of the founding charter and the