REPUBLIC OF ALBANIA

THE ASSEMBLY

LAW

NO. 8461, DATED 02/25/1999

ON HIGHER EDUCATION IN THE REPUBLIC OF ALBANIA

In compliance with Articles 78 and Point 83 of the Constitution, with the proposal of

the Council of Ministers,

THE ASSEMBLY

OF THE REPUBLIC OF ALBANIA

DECIDED:

HEADING I

GENERAL PROVISIONS

Article 1

Higher education in the Republic of Albania is both public and non public.

Higher public education is guarantied and financed by the state, as well as

through other legal sources.

Higher public education is secular.

Article 2

The goal/mission of the higher civil education is the following:

a. to establish, develop, protect and transmit knowledge through teaching and scientific research, develop and enhance arts, physical training and sports;

b. to train high cadres;

c. to prepare new scientists.

The goal/mission of higher education of the Armed Forces structures, as well as of other structures of the military status is to train, prepare, and qualify military subjects and high cadres, who would be capable and committed to defend the Country, as well as enforce/implement duties determined by law.

The mission of higher education of the police is to train, prepare, and qualify experts, who would be capable and committed to defend public security.

Article 3

Higher civil education is taught/done at higher university schools and other higher non- university schools. Further down in the Law, higher university schools and other higher non- university schools shall be referred to as "higher schools".

Higher education of the Armed Forces structures. police structures, as well as of other structures of the military status is done/taught at the relevant schools, which further down shall be referred to as '.'military or police higher schools".

Article 4

Higher schools and higher military or police schools are 'juridical subjects.

i

Higher schools are headed/chaired and represented by the Rector or the Director/Headmaster.

Higher military or police schools are headed/chaired and represented by the Commander or the Director.

Article 5

Higher University schools are learning and scientific institutions, the duty of which is to:

a. conduct the professional education process and scientific formation/preparation through teaching and scientific research;

b. carry out scientific studies in the areas that they cover and prepare the new scientists.

Higher non-university schools are learning institutions. The main duty of higher non-university schools is to prepare highly qualified experts.

Article 6

Higher schools have teaching and scientific research academic freedom. The academic freedom is based on respect of the opinions, ideas, and methods, as well as in the guaranty of free development. creative and critical of teaching and scientific research in compliance with the relevant plans and programs.

Article 7

Higher public civil schools are autonomous institutions. In this context:

a. the higher school is entitled to elect its steering bodies and authorities;

b. the higher school personnel is entitled to elect and be elected in the steering bodies of the higher school in line with the higher school charter;

C. the higher school determines/defines the areas of teaching and scientific research;

d. the higher school is entitled to select its own personnel/staff;

e. the budget of each higher school is included as a separate item in the education budget, and it is managed by the school according to the regulations determined through legal acts. The budget of higher military or police schools is included as a separate item in the budget of the relevant Ministry;

f. the higher school is entitled to offer/render services in areas related to certain aspects of practical implementation of teaching or scientific research, and make money out of these provided services;

g. the higher school is entitled to sign agreements with higher

foreign schools for exchange programs as well as for cooperation

purposes during the teaching and scientific research process and for

staff training;

h. the higher school is entitled to have relations with and be member of international associations or organizations of higher education;

i. the higher school is entitled to cooperate with entities, which help development of higher education.

Article 8

Higher military or police schools are entitled to select their own teaching and managing staff. The teaching and managing staff is proposed by these schools for approval to the relevant Ministry.

The Director/headmaster of these schools is appointed by the Council of Ministers with a proposal of the relevant Ministry.

Higher military or police schools are entitled to have twining relations with foreign schools for exchange programs and cooperation purposes during the teaching and scientific process, for the qualification of cadres. Also, higher military or police schools are entitled to participate in international associations or organizations in compliance with the agreements signed or approved by the relevant Ministry.

Article 9

The state guaranties the integrity of the higher education institutions and their

territory.

Intervention of the public order bodies in the academic environments is done upon the request or upon the permission of the director/headmaster of the higher school. The intervention of public order bodies can take place with no permission from the director/headmaster of the higher school in case a flagrant crime has been committed or in cases of force major.

Violation of the integrity of the higher education institutions is punished according to the legal provisions in force.

Article 10

The assessment of the quality of the higher schools and academic accreditation is carried out by the Accrediting Agency and the Accrediting Council. The establishment and the competencies of the Accrediting Agency and the Accrediting Council are determined by the Council of Ministers.

HEADING II

HIGHER SCHOOLS ORGANIZATION AND MANAGEMENT

Article 11

The higher university schools are composed of faculties. In special cases, a higher university school may also include a higher non-university school, which has a similar structure with that of a faculty.

The Faculty is a teaching and scientific unit of the higher university school, which covers sciences of the same origin/source.

The Faculty and the higher non-university schools are composed of departments.

The Department is the founding/basic teaching and scientific of the higher university school. Also, The Department is the founding/basic teaching and scientific of the higher non- university school. The objective of the teaching and scientific research of the department includes several disciplines of one science. As a rule, the department is divided into sections, which include the closest/ most similar disciplines of a science.

Article 12

The structures of the higher schools units include: institutes, research centres and sectors, teaching laboratories and ateliers, clinics, services, studios, libraries, sport centres. museums, experimental farms, which function according to the relevant internal regulations.

Article 13

The study course is an area of study in the higher school, upon the completion of which, a diploma is issued from the higher school at which studies have been attended. According to the academic nature, the study course can be called "branch" or "profile". The profile is rather a sub branch (sub division), with a narrower study scope/orientation and more specific than the branch.

The study course is opened with a decision of the higher school senate upon the approval of the Ministry of Education and Science about meeting all the standards put by this Ministry. The expenditures for this branch opening shall be met by the higher school. The state budget allocations for the public higher school projects the existence of a new branch only after it has been acknowledged through accrediting procedures.

The Minister of Education and Science gives the approval about the title of the diplomas issued by the higher schools for those study courses, which are acknowledged through the accrediting process. On the higher military or police schools, the only person that exercises this right is the relevant Minister.

Opening up of new departments and sections is done upon a decision of the higher school senate after having had the approval from the Ministry of Education and Science about meeting the standards put by this Ministry. The expenditures for opening of these departments and sections shall be faced by the higher school. The state budget allocations for the public higher school projects the existence of these new units only after the institutional results and accreditation of the higher school.

The same criteria shall apply also to opening up of other new structures and units stipulated in Article 12, and the expenditures for which shall be met by the higher school budget.

Closing down of study courses, departments, and sections is done by the Minister of Education and Science, after an evaluation/assessment of the Accreditation Council.

Opening of higher new university schools, higher non-university schools, faculties, units and structures foreseen in Article 12 of this Law, the expenditures for which can not be covered by the higher school funds, shall take place upon a decision of the Council of Ministers, according to the proposal of the Ministry of Education and Science or of the relevant Ministries on the higher military or police schools.

Closing down, merging, and change of scope of mission of public institutions determined in Article 13, paragraph 7 of this Law takes place by a decision of the Council of Ministers, at the proposal of the Ministry of Education and Science or of the relevant Ministries about the higher military or police schools after having received the input of the Accrediting Council on the topic.

The criteria, manner of functioning, as well as the procedures for opening of higher non-public schools are determined in this Law as well as in other by legal acts issued by the Council of Ministers for enforcement purposes. The permit for opening a new non public higher school is issued not before 6 months after the date of the submission of the request to the Ministry of Education and Science, and not later than one year from the date of the request submission to this ministry.

Opening of the study course at the higher military or police schools is done with the approval of the relevant Ministry. Definition of the education and organic structure for each such school is done according to the education provided and it is approved by the Minister of the relevant Ministry.

ARTICLE 14

The highest autonomous body of the Rectors and higher schools directors/headmasters in the education system is the Conference of Rectors. An authorized representative of the Minister of Education and Science shall be member of the Conference of Rectors. In the Conference of Rectors are discussed the main/key issues of higher education. The duties and responsibilities of the

Conference of Rectors are determined in this Law, as well as in the charters and internal regulations of the higher schools. Organization and the activity of the Conference of Rectors are determined in the Conference's charter approved by the Ministry of Education.

ARTICLE 15

The higher schools senates and councils are collegial, elected bodies, that decide on the most important issues of the higher school in the areas of education, scientific research and administration and finance. These bodies convene on regular bases.

The senate is the highest body of the higher university school. The faculty council is the highest body of the faculty. The school council is the highest body of the higher non-university school. The department councils the highest body of the department.

The composition, duties, competencies, and functioning manner of the senates and the relevant councils is determined in the charters of the higher schools, as well it is part of their internal regulations.

ARTICLE 16

The steering authorities of the higher schools and of their units structures are

as follows:

a. The Rector for the university schools;

b. the headmaster/director for the non-university school;

C. the Dean of the faculty;

d. the Head of the department;

e. On higher military or police schools, the steering authority equal to that of the Rector, director, or Dean can be the commander or director.

In case of absence, the authorities delegate all their competencies or part of them to their deputies.

The duties and competencies of these steering authorities derive from this Law and are contained in more specific details in the statues of the higher schools.

Article 17

The higher public school elects its steering bodies and authorities.

The department elects with a majority of votes, the head of department, the members of the department council, as well as the representatives to the faculty council or to the higher non-university school.

The faculty or the higher non-university school council is composed of representatives elected from the departments, the non-academic personnel and the students. This council elects , with a majority of votes, the Dean of the Faculty or the headmaster of the higher non-university school. The Dean of the Faculty or the headmaster of the higher non-university school can be members or not of this council. The council of the faculty or of the higher non-university school (in case when the non-university school is a university structure) elects with a majority of votes, its representatives in the senate of the higher school university.

The senate of the higher university school is composed of representatives elected from the councils of faculties and higher non-university schools, as well as students. This senate elects, with a majority of votes, the Rector, who can or not be member of this senate.