Decree-Law No. 341/2007, of 12 October, The mobility of people and ideas is the basis of knowledge-based economies and societies.

Transcription

1 Decree-Law No. 341/2007, of 12 October, 2007 The mobility of people and ideas is the basis of knowledge-based economies and societies. Overcoming corporate atavisms and illusions of self-sufficiency is a requirement of the Country at this time of challenges and opportunities. By means of this statute, a new regime is to be set up for the recognition of foreign academic degrees of a level and nature of, and with objectives that are identical to, undergraduate, Masters and Doctoral degrees awarded by Portuguese higher education institutions, entitling the bearers all the rights resulting from these academic degrees. At issue is the extension to the undergraduate and Masters degrees in the system which has already been set up for the Doctoral degree by Decree Law No. 216/97, dated 18 August, 1997, and which is based on the principle of reciprocal trust that should be accepted by the international academic community, replacing, in all cases where applicable, the process of equivalence based on the scientific re-evaluation of work carried out with the aim of obtaining a foreign degree. As a result a serious obstacle to the free circulation of diploma holders wishing to develop activities in Portugal is removed and they are, having obtained their academic degree abroad, welcomed without the bureaucratic impediments and delays that currently exist. A mechanism for recognizing the final classification is also introduced, which will remove the bureaucratic and clearly unfair procedures which have been adopted with excessive frequency in the process of establishing equivalence. It will then be the responsibility of employers, whether public or private, in each concrete situation to specifically evaluate the suitability of the training to the objectives in question and to adopt the most appropriate selection criteria. This is, naturally, a demanding procedure, whereby the decision regarding the recognition of foreign degrees is entrusted to a commission, presided over by the Director-General of Higher Education, and including one representative from bodies representing higher education institutions (Council of Portuguese University Rectors, Decree-Law No. 341/2007, of 12 October pg. 1

2 Coordinating Council of Higher Polytechnic Institutes and Portuguese Association of Private Higher Education), and a fifth member, co-opted by the others. The regulations relating to equivalence approved by Decree Law No. 283/83, dated 21 June, 1983, is maintained. This model does not automatically apply to holders of foreign academic degrees who may however appeal to the actual bodies of the higher education institutions which may in turn assess their merit on a case by case basis. This statute is part of a series of measures which seek to ensure the effective and less bureaucratized national and international mobility of students and diploma holders, aimed at attracting and encouraging the settlement in Portugal of qualified human resources, both Portuguese and foreign, and which also includes: (i) The new regulations for the mobility of students between national higher education institutions, from the same or different subsystems, as well as between national and foreign higher education institutions, ensured by means of the European Credit Transfer and Accumulation System (ECTS), based on the principle of mutually recognizing the value of training undertaken and competencies acquired and set out in Article 45 of Decree Law No. 74/2006, dated 24 March, 2006, which establishes that the higher education institutions, have taken into account the level of credits and the scientific area in which they were obtained: - Credit within their study cycle training undertaken within the scope of other higher study cycles in national or foreign higher education institutions; - Credit within their study cycle training undertaken within the scope of technologically specialized courses under the terms fixed by the respective statute; - Recognize, by means of awarding credits, professional experience and post-secondary training; (ii) The new regulations for re-entry, change of course and transfer, approved by Ministerial Order No. 401/2007, dated 5 April, 2007, by means of which all obstacles to re-entry for those who have interrupted their higher studies are removed, and the procedures for transfer or change of course are altered, integrating students coming from both national and foreign Decree-Law No. 341/2007, of 12 October pg. 2

3 institutions, into a single system extending the limits to admission and simplifying the procedures; (iii) The new regulations for attending higher education through capitalizable units, a legal statute which will shortly be submitted for public consultation. This statute brings into effect Measure 6 (4) of the Administrative and Legislative Simplification Programme SIMPLEX The Council of Portuguese University Rectors, the Coordinating Council of Higher Polytechnic Institutes, the Portuguese Association of Private Higher Education and higher education students union associations have been consulted. Thus: Developing Article 66 (3) of Law No. 46/86, dated 14 October, 186, (Framework Law on the Education System), amended by Laws Nos. 115/97, dated 19 September, 1997, and 49/2005, dated 30 August, 2005, and under the terms of Article 198 (1) a) and c) of the Constitution, the Government decrees as follows: Recognition of foreign higher education academic degrees CHAPTER I Object, Scope and Concepts Article 1 Object This Decree Law approves the legal regulations for the recognition of foreign higher education academic degrees. Article 2 Scope 1 The provisions of this Decree Law apply to academic degrees awarded by foreign higher education institutions, of a level and nature and with objectives that are Decree-Law No. 341/2007, of 12 October pg. 3

4 identical to Licenciado, Masters and Doctorate degrees awarded by Portuguese higher education institutions. 2 Academic degrees awarded via a franchising system are not covered. Article 3 Definitions For the purposes of this Decree Law, the following terms shall be understood as follows: a) Foreign higher education institution any foreign institution covered by the concept of higher education institution as referred to in Article I.1 of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region, approved for ratification by Parliament Resolution No. 25/2000, dated 30 March, 2000; b) Academic degree awarded by a foreign higher education institution the academic degree officially recognized by the authorities in the respective State, awarded, under the legally provided terms, by an institution covered under the previous subparagraph; c) Diploma the document issued, in the form legally provided for, by the foreign higher education institution, which is the title of an academic degree awarded by it; d) Final classification scale used by the Portuguese higher education institutions the interval on the 0 to 20 full numerical scale, in line with the provisions of Article 16 (3) of Decree Law No. 42/2005, dated 22 February, Decree-Law No. 341/2007, of 12 October pg. 4

5 CHAPTER II Recognition Article 4 Recognition 1 Holders of academic degrees awarded by a foreign higher education institution of a level and nature and with objectives that are identical to the Licenciado, Masters and Doctorate degrees awarded by Portuguese higher education institutions are recognized as being entitled to all of the inherent rights resulting from holding the aforementioned degrees. 2 For the purposes of the provisions of the previous paragraph, it is considered that degrees of a level and nature and with objectives that are identical to, Licenciado, Masters and Doctorate degrees are: a) Academic degrees awarded by foreign higher education institutions which, through a decision with grounds from the Commission for the Recognition of Foreign Degrees referred to in Chapter III, are classified as such; b) Academic degrees awarded by foreign higher education institutions of a State signatory to the Bologna Process, following a 1st, 2nd or 3rd study cycle organized in accordance with the principles of that Process and accredited by an accreditation body recognized within the scope of that Process. 3 The group of degrees referred to in subsection b) of the previous paragraph is fixed, after consultation with the Commission for the Recognition of Foreign Degrees referred to in Chapter III, by order of the Director-General of Higher Education, and published in the 2nd series of Diário da República (Official State Gazette) and on the Internet site of the Directorate-General of Higher Education. Article 5 International Agreements Foreign academic degrees which are the object of an international agreement of equivalence or recognition which provides for the production of the effects referred to Decree-Law No. 341/2007, of 12 October pg. 5

6 in Article 4 (1) are considered to be recognized under the terms fixed by the respective agreement. Article 6 Final Classification 1 Whenever the recognized foreign degree has been awarded a final classification, the holder of the degree is entitled to use this for all legal purposes. 2 Whenever the holder of the degree needs to use a classification from the Portuguese classification scale, this: a) Is that as set out on the diploma, when the foreign higher education institution adopts the Portuguese classification scale; b) Is the result of the proportional conversion of the classification obtained from the Portuguese classification scale, where the foreign higher education institution adopts a scale that is different. Article 7 Identification of an Academic Qualification 1 Beneficiaries of the recognition are able to identify their academic qualification by means of a reference, in the original language, to the academic degree which they hold, followed by the name of the higher education institution which awarded it and the respective country and, whenever necessary, with the following reference: Recognized, under the terms of Decree Law [on publication of the statute indicate here the number and date of this Decree Law]. Confers all the rights resulting from holding the degree of (indicate the degree). 2 The recognition referred to in this Decree Law does not result in authorization to use the title of Licenciado, Mestre or Doutor ( BA/BSc, MA or PhD ) by a Portuguese higher education institution. Decree-Law No. 341/2007, of 12 October pg. 6

7 CHAPTER III Commission Article 8 Commission for the Recognition of Foreign Degrees 1 A Commission for the Recognition of Foreign Degrees has been created, made up of: a) The Director-General of Higher Education, who presides; b) An executive coordinator appointed by the Director-General of Higher Education; c) A member appointed by the Council of Portuguese University Rectors; d) A member appointed by the Coordinating Council of Higher Polytechnic Institutes; e) A member appointed by the Portuguese Association of Private Higher Education; f) A member co-opted by the others. 2 The composition of the Commission shall be published in the 2nd series of Diário da República. 3 The Commission may request the collaboration of experts. 4 Technical and logistical support to the Commission is provided by the Directorate-General of Higher Education. Article 9 Decisions of the Commission 1 The decisions of the Commission are of a general nature, relating, namely, to: a) A degree in a State; b) A degree awarded by a group of higher education institutions in a State. 2 Any alteration to the presuppositions underlying the recognition shall result in its suspension or revocation by decision of the Commission. Decree-Law No. 341/2007, of 12 October pg. 7

8 3 The decisions of the Commission are published in the 2nd series of Diário da República and on the Internet site of the Directorate-General of Higher Education. 4 Whenever the criteria referred to in paragraph 1(b) relate to a group of institutions fixed by a recognized foreign accreditation body, it is the responsibility of the Directorate-General of Higher Education to ensure that this group of institutions and, possibly, study cycles, is permanently published and updated on its Internet site. CHAPTER IV Registration Article 10 Requirement of Registration 1 Proof of recognition is dependent upon prior registration of the diploma. 2 The process of registration is defined by a ministerial order from the Minister of Science, Technology and Higher Education. Article 11 Authorised Body for Registration The registration referred to in the previous article shall be made: a) For any degree: i) At a Portuguese public university chosen by the interested party, with the rector acting as the official body for such an act; ii) At the Directorate-General of Higher Education, with the Director- General of Higher Education acting as the official body for such an act; b) For Licenciado and Masters Degrees, at a Portuguese public polytechnic institute chosen by the interested party, with the President acting as the official body for such an act Decree-Law No. 341/2007, of 12 October pg. 8

9 Article 12 Time Period Registration shall be concluded within a maximum period of one month. Article 13 Refusal of Registration Registration may only be refused: a) If the applicant fails to prove he is the holder of the academic degree for which he is requesting registration; b) If the academic degree of which the applicant is the holder is not recognized under the terms of this Decree Law. Article 14 Setting the classification 1 Setting the classification according to the Portuguese classification scale occurs during the act of registration, by the registering body, by means of applying the provisions of Article 6 (2). 2 The Director-General of Higher Education, having heard the Commission for the Recognition of Foreign Degrees referred to in Chapter III, shall approve the technical rules for the application of the provisions of Article 6 (2) b). 3 The order referred to in the previous paragraph shall be published in the 2nd series of Diário da República and on the Internet site of the Directorate-General of Higher Education. 4 Where there are obvious differences of statistical distribution between the classifications awarded by the foreign higher education institution and the classifications awarded by the Portuguese higher education institutions in the same area, the holder of the degree or the official registration body may request, in exceptional cases and with justification of the grounds, that the Director-General of Higher Education set a classification other than that results from applying the rules referred to Decree-Law No. 341/2007, of 12 October pg. 9

10 in paragraph 2, notwithstanding respect for the general principle of proportional conversion. Article 15 Fees 1 Fees are due for the act of registration, and shall become the revenue of the body that carries out such registration. 2 The amount of the fees, including those due for the certification, may not exceed that of the cost of registration, nor may it go beyond a maximum amount to be fixed by a ministerial order of the Minister of Science, Technology and Higher Education. Article 16 Information 1 The Directorate-General of Higher Education shall be informed of registrations undertaken at universities and polytechnic institutes under the terms fixed by order of the Director-General of Higher Education published in the 2nd series of Diário da República. 2 The method for providing access to registrations referred to in the previous paragraph, which is the responsibility of the Directorate-General of Higher Education, is defined by a ministerial order of the Minister of Science, Technology and Higher Education. CHAPTER V Other provisions Decree-Law No. 341/2007, of 12 October pg. 10

11 Article 17 Information The Director-General of Higher Education shall publish systematized and permanently updated information regarding the group of degrees covered by the rules referred to in Articles 4, 5 and 18 on the Internet site of the Directorate-General of Higher Education. CHAPTER VI Final provisions Article 18 Recognition granted under Decree Law No. 216/97, dated 18 August, 1997 Under the terms of this Decree Law the degrees recognized under the provisions of Decree Law No. 216/97, dated 18 August, 1997, are considered to be immediately recognized, under the terms fixed by Decision 120/98 (2nd series), dated 27 February, 1998, and by Orders /99 (2nd series) and /99 (2nd series), of 16 November, Article 19 Articulation with Decree Law No. 283/83, of 21 June When a foreign academic degree has not been generally recognized under the terms of Articles 4 and 5 of this statute, the respective holder may request equivalence or specific recognition under the terms of Decree Law No. 283/83, dated 21 June, Article 20 Revocation Provision The following are revoked: a) Decree Law No. 216/97, dated 18 August, 1997; b) Ministerial Order No. 69/98, dated 18 February, 1998, amended by Ministerial Order No. 1049/99, dated 27 November, Decree-Law No. 341/2007, of 12 October pg. 11

12 Article 21 Amendments to Decree Law No. 283/83, dated 21 June, Article 27 (2) of Decree Law No. 283/83, dated 21 June, 1983, shall now contain the following wording: ( ) Exceptions to the provisions of the previous paragraph are: a) The revision of equivalences granted under legislation prior to Decree Law No. 555/77, dated 31 December, 1997; b) The revision, at the request of the interested party, of equivalences or recognitions granted, when a supervening modification has occurred in the degrees awarded in the area in question. Article 22 Addition to Decree Law Nº 283/83 dated June 21, 1983 The following wording is added to Article 34-A is added to Decree Law No. 283/83, dated 21 June, 1983: Article 34-A Fees 1 Fees are due for the granting of equivalences or recognitions, and shall become the revenue of the entity that performs such act. 2 The amount of the fees, including those due for the certification, may not exceed that of the cost of registration, nor may it exceed a maximum amount to be set by a ministerial order of the Minister of Science, Technology and Higher Education. Decree-Law No. 341/2007, of 12 October pg. 12

13 CHAPTER VII Transitory Provisions Article 23 Awarding of Classification and Other Recognition 1 Foreign higher degrees recognized by Orders and other public organizations for the exercise of a profession may, at the request of the interested party, be awarded a classification according to the Portuguese classification scale, under the terms set down in Article 6 (2) 2 The Director-General of Higher Education is the authorised body for awarding the classification referred to in the previous paragraph. Article 24 Equivalences and Recognitions Already Granted Holders of equivalence or recognition obtained under Decree Law No. 283/83, dated 21 June, 1983 or prior legislation may request recognition under this Decree Law. Seen and approved by The Council of Ministers on August 9, José Sócrates Carvalho Pinto de Sousa, José Mariano Rebelo Pires Gago. Promulgated on September 27, To be published. The President of the Republic, ANÍBAL CAVACO SILVA Approved on October 1, The Prime Minister; José Sócrates Carvalho Pinto de Sousa. Decree-Law No. 341/2007, of 12 October pg. 13