Historical - non-valid version
The University Act
Ministerial Order no 1368 of 7 December 2007 concerning the Act on Universities (the University Act)
Summary (Contents)
Part 1 Scope of the Act
Part 2 Degree Programmes
Part 3 Governance Regulations
Part 4 Economic Matters
Part 5 Changes in the Status of the University
Part 6 Miscellaneous Provisions
Part 7 Interim Provisions and Entry into Force
Proclamation of Act on Universities (the University Act)
This serves to proclaim the Act on Universities (the University Act), cf. Consolidated Act no. 280 of 21 March 2006 with subsequent amendments pursuant to section 1 of Act no. 544 of 8 June 2006, section 1 of Act no. 295 of 27 March 2007, Act no. 567 of 6 June 2007 and Act no. 570 of 6 June 2007.
The proclaimed text relating to section 9(2) and (3) shall only apply with effect from 1 February 2008, cf. section 2(1) of Act no. 570 of 6 June 2007 pertaining to the amendment of the University Act (student supervision and deadline for submission of thesis), rendered at the end of the proclamation.
Part 1
Scope of the Act
1. (1) This Act applies to universities under the Ministry of Science, Technology and Innovation.
(2) The universities are independent institutions under the public sector administration and supervised by the Minister of Science, Technology and Innovation.
Purpose
2. (1) The university shall conduct research and offer research-based education at the highest international level in the disciplines covered by the university. The university shall ensure a balanced relationship between research and education, on a regular basis screen for the relevancy of its research and educational disciplines, prioritise and develop them further, and disseminate knowledge of academic methods and results.
(2) The university has freedom of research and shall safeguard this freedom and ensure the ethics of science.
(3) The university shall collaborate with society and contribute to the development of international collaboration. The university’s scientific and educational findings should contribute to the further growth, welfare and development of society. As a central knowledge-based body and cultural repository, the university shall exchange knowledge and competencies with society and encourage its employees to take part in the public debate.
(4) Based on its research, the university shall perform tasks on behalf of a minister as agreed with the minister in question, cf. section 33(2), however.
(5) The university shall contribute to ensuring that the most recent knowledge within relevant disciplines is made available to non-research-oriented higher education.
Part 2
Degree Programmes
3. (1) The university is free to decide which research-based degree programmes it wants to offer within its academic scope. Pursuant to section 4(1), sentences 1 and 2 and section 5(1) of this Act, the degree programmes offered by the university shall be accredited and approved by the Accreditation Council, cf. the Act on the Accreditation Agency for Higher Education.
(2) If an existing degree programme at a university is not approved or the approval is revoked, cf. section 10 of the Act on the Accreditation Agency for Higher Education, the university in question cannot admit students to the degree programme. The Minister shall determine a plan to allow students already enrolled in the degree programmes mentioned in the first sentence to complete their degree programme. In this context, the Minister may direct other universities to admit these students or take over the responsibility for their degree programme at the university in question.
(3) University degree programmes as described in (1) can only be offered in Denmark, cf. subsections (4) and (5), however.
(4) The university may allow students as an individual choice and an alternative to completing a degree programme in Denmark to complete parts of their degree at one or more foreign universities subject to agreement on a mutual exchange between the universities in question.
(6) 1) Under special circumstances, the university may offer a degree programme in which parts of the programme cannot be completed in Denmark, but must be completed at one or more foreign universities subject to agreement on a mutual exchange between the universities in question, cf. subsection (1), however.
(6) Students completing a degree programme pursuant to subsections (4) and (5) shall, while enrolled at the foreign university, adhere to the rules of that university and not the rules set out in this Act.
(7) As part of an agreement for a mutual exchange pursuant to subsections (4) and (5), the Minister may decide that the Danish university can issue an examination diploma to students who have completed parts of their degree programme at the university without having been enrolled in the degree programme in question.
(8) The Minister shall determine the detailed rules for completion of the degree programme pursuant to subsections (4) and (5), and for issuance of an examination diploma pursuant to subsection (7). In this connection, the Minister may deviate from the provisions in section 17(4), section 18(5) and (6) and section 34(1) of this Act.
4. (1) The university may offer the following research-based full-time programmes as independent well-rounded educational programmes:
- Bachelor’s programme for 180 ECTS credits.
- Master’s programme (candidatus) for 120 ECTS credits.
- PhD programme for 180 ECTS credits.
(2) 60 ECTS credits are equivalent to 1 year of a full-time programme.
(3) In exceptional cases, the Minister may deviate from the points listed in subsection (1), when special circumstances require it.
(4) The Minister may determine thresholds limiting the student intake.
5. (1) The university may offer the following research-based educational activities as part-time programmes:
- Master’s programme.
- Other continuing and further education.
- Supplementary educational activities in order to meet the admission requirements for a Master’s programme (candidatus).
(2) A university’s provision of part-time programmes can include all the courses that it is approved to offer on a full-time basis, single courses from these and domain-specific programmes.
6. Within its academic fields, a university can award the Bachelor’s degree, the Master’s (candidatus) degree, the PhD degree and the Doctoral degree. In addition to the Master’s (candidatus) degree, the university can award the degree of Master under a continuing education scheme.
(2) The Minister lays down the rules concerning the acquisition of the Doctoral degree.
7. Subject to the approval of another minister, the university may offer programmes in accordance with rules laid down by the minister concerned.
8. 1) The Minister lays down general rules governing education, including grading, cf. sections 4 and 5, on the titles connected to education, cf. section 6 on admission requirements.
(2) The Minister may decide that Danish tests and examinations can be held abroad, on specific terms, if applicable. The Minister may lay down rules in this regard and may in this connection determine that the costs of the examination shall be borne in full or in part by the Danish university or the student.
8 a. (1) The Minister may lay down rules that communication between the university and enrolled students, including PhD students and applicants to the university’s degree programmes shall take place electronically, in full or in part.
(2) The Minister may lay down rules that students’ evaluations of the instruction shall be published on the university’s web site.
9. (1) During the study programme, the university shall offer guidance on education and subsequent job opportunities.
(2) The university shall be obliged to give students who have been delayed, compared with the prescribed duration of a study programme, special guidance to assist them to continue their education.
(3) The Minister may lay down rules for guidance pursuant to subsection (1). In addition, the Minister shall lay down rules for when the university shall offer guidance pursuant to subsection (2), and the extent thereof.
Part 3
Governance Regulations
The Board
10. (1) The Board is the highest authority of the university. The Board shall safeguard the university’s interests as an educational and research institution and determine guidelines for its organisation, long-term activities and development.
(2) To the greatest possible extent, the Board shall be open about its activities.
(3) The Board shall administer the university’s funds to ensure that they serve the university’s goals to the greatest extent possible.
(4) The Chairman of the Board shall administer the real estate together with a member of the Board.
(5) The Board shall approve the university’s budget in accordance with the Rector’s recommendation, including the distribution of the collective resources and the principles concerning the use of these resources, and it shall approve the accounts.
(6) The Board shall set up the university’s charter and amendments. These shall be subject to the Minister’s approval.
(7) The Board shall employ and dismiss the Rector and employ and dismiss the university’s executive management on the recommendation of the Rector.
(8) The Board shall enter into a performance contract with the Minister regarding the overall activity of the university.
(9) The Board shall enter into agreements with the Minister in question regarding the tasks described in section 2(4) and new agreements regarding the tasks described in section 7.
(10) The Board has no authority over individual cases relative to other employees at the university, cf. subsection (7) or relative to students.
(11) The charter shall lay down further details concerning the openness of the Board’s activities, cf. subsection (2). The charter shall also lay down details concerning the procedures for employment and dismissal, pursuant to subsection (7) above. The employment procedure shall ensure that the Rector has academic and managerial legitimacy.
11. (1) The Board shall answer to the Minister regarding the activities of the university, including the administration of the university’s collective resources.
(2) If the Board disregards orders from the Minister concerning the rectification of unlawful matters, the Minister may order the Board to resign so that a new Board can be appointed.
(3) If the Board’s actions jeopardise the continued activities of the university, the Minister may order the Board to resign immediately, and in this connection install an interim governing board, until a new Board can be appointed.
(4) The Board or the Minister may decide to bring an action against members of the Board, the Rector, any auditors or others if the university has suffered any losses.
(5) The Board shall be authorised to take out a standard directors’ liability insurance.
12. (1) The Board shall be composed of external members and members representing the academic staff of the university, which includes PhD students with university contracts, the technical and administrative staff and the students. The Board shall comprise a majority of external members. The Board shall elect a chair from among its external members.
(2) The composition of the Board shall reflect the overall activities of the university. Together the members of the Board shall use their experience and knowledge concerning education, research and the dissemination and exchange of knowledge and the university’s tasks pursuant to section 2(4) to contribute to the promotion of the university’s strategic work.
(3) The external members shall be selected on the merit of their personal qualifications and appointed for a period of four years. In case of a member’s permanent absence during the term of service, a new member may be appointed for the remainder of the period. Members may be reappointed once. In addition, the external members shall be experienced in management, organisation and economics, including the evaluation of budgets and accounts.
(4) The other members shall be elected by and from the academic staff of the university, which includes PhD students with university contracts, the technical and administrative staff and the students. The students shall be represented by a minimum of two members. Representatives of the university’s academic staff, including PhD students with university contracts, and of the technical and administrative staff are protected against dismissal and other impairment of conditions in the same way as union representatives for the same or a similar area.
(5) The charter shall lay down further details concerning setting up the Board pursuant to subsections (1–4).
13. (1) The university may set up a representative assembly to be composed of external members.
(2) The representative assembly shall conduct general discussions on the research, educational activities and other activities of the university and issue statements on these issues to the Board.
(3) The charter shall lay down further details concerning the representative assembly pursuant to subsections (1) and (2). The charter may also stipulate that the representative assembly appoints some or all of the external members of the Board.
13 a. (1) The university shall set up one or more user panels composed of external members. Together the members shall have experience with and knowledge of the areas of education and employment targeted by the degree programmes.
(2) The university shall ensure dialogue between the user panel and the university about the quality of the degree programmes and their relevance to society, and shall include the user panel in the development of new and existing programmes and the development of new methods of teaching and evaluation.
(3) The user panel shall issue statements and make recommendations to the university about all matters relating to education. The user panel shall issue statements regarding all questions submitted to it by the university.
(4) The university shall establish user panels pursuant to subsection (1) in collaboration with other universities.
Rector
14. (1) The Rector shall undertake the day-to-day management of the university within the framework laid down by the Board. The other members of the university’s executive management, Deans, Directors, Heads of Department, Sector Managers, Heads of Graduate Schools and Directors of Studies shall undertake their duties in a manner authorised by the Rector, cf. section 16(1) and (3–9), section 16 a(4), (5) and (7), section 16 b(4–6), section 17(2) and (4) and section 18(5).
(2) The Rector shall be an acknowledged researcher within one of the university’s academic fields and have knowledge of the education sector. The Rector shall be an experienced manager and organiser of research environments and have knowledge of a university’s activities and relationship with society.
(3) The Rector shall make recommendations to the Board regarding the employment and dismissal of the other members of the university’s executive management, cf. section 10(7).
(4) The Rector shall employ and dismiss Deans if the university is split up into main academic areas.
(5) The Rector shall employ and dismiss Directors of academic units.
(6) The Rector shall recommend the budget to the Board and approve the accounts.
(7) The Rector shall lay down the rules governing disciplinary actions regarding students.
(8) The Rector shall be authorised to sign on behalf of the university with the exception of real estate concerns, cf. section 10(4) and shall make decisions on all matters with the exceptions of section 10(1) and (5–8), section 15(2) and section 18(4) and (6).
(9) The Rector shall approve all external collaboration with a binding effect on the university.
(10) Under special circumstances, the Rector may dissolve the Academy Council, cf. section 15(1). The Rector can also under special circumstances assume the tasks of the Academy Council, cf. 15(2).
(11) The charter shall lay down further details concerning the procedures of employment and dismissal pursuant to subsections (4) and (5). The employment procedure shall ensure that Deans and Directors of academic units possess academic and managerial legitimacy.
Academy Council
15. (1) The university shall set up an Academy Council either for the entire university or for each of the main academic areas.
(2) The Academy Council shall have the following tasks:
1) Make statements to the Rector on the internal distribution of funds.
2) Make statements to the Rector on key strategic research questions and educational issues and plans for knowledge exchange.
3) Make recommendations to the Rector on the composition of academic committees to assess applicants for scientific positions.
4) Award PhD and Doctoral degrees.
(3) The Academy Council may make statements on all scientific issues of substantial relevance to the activities of the university and has a duty to discuss scientific issues presented to them by the Rector.
(4) The Academy Council shall be composed of the Rector, ex officio Chairman, except for conditions noted in subsections (5) and (6), and of members representing the academic staff, including PhD students with university contracts and the students. Representatives of the academic staff, including PhD students with university contracts, and of the students shall be elected by and from the academic staff, including PhD students with university contracts and the students.
(5) If several Academy Councils are set up, the Dean of each of the main academic areas shall be ex officio Chairman of the Academy Council of that main academic area, cf. subsection (6), however.
(6) The Academy Council for an academic unit at a main academic area level shall be composed of the Director, who is Chairman, and members representing the academic staff, including PhD students with university contracts employed at the academic unit in question. Representatives of the academic staff, including PhD students with university contracts, shall be elected by and from the academic staff, including PhD students with university contracts employed at the academic unit in question.
(7) The charter shall lay down further details concerning the setting up of an Academy Council pursuant to subsections (1) and (4).
Dean
16. (1) The Dean shall manage the main academic area and ensure the interaction between research, education and miscellaneous tasks pursuant to section 2(4), cf. section 16 a(4), however. In addition, the Dean shall ensure the quality of education, teaching and tasks pursuant to section 2(4), as well as the interdisciplinary development of the quality of the education, research and tasks of the main academic area pursuant to section 2(4).
(2) The Dean shall be an acknowledged researcher with experience and knowledge of teaching, management and the interaction of a university with society.
(3) The Dean shall employ and dismiss the Head(s) of Department and Sector Managers of each academic unit at department level, cf. section 16 a(5), however.
(4) The Dean shall employ and dismiss Heads of Graduate Schools.
(5) With the assistance of the Heads of Graduate Schools, the Dean shall initiate international evaluations of the graduate schools and follow up on such evaluations, including international evaluations.
(6) The Dean shall set up PhD committees and Boards of Studies. The Dean shall appoint Chairmen and Vice-Chairmen, if applicable, of PhD committees subject to the recommendation of the PhD committee in question and shall approve the Chairmen and Vice-Chairmen of Boards of Studies.
(7) The Dean shall appoint and remove Directors of Studies subject to the recommendation of the Board of Studies set up pursuant to subsection (6).
(8) The Dean shall approve academic regulations subject to recommendation by the Board of Studies.
(9) In special cases, the Dean may dissolve PhD committees and Boards of Studies set up pursuant to subsection (6). Also in special cases, the Dean may take over the tasks of the PhD committees and Boards of Studies, in such cases deviating from section 16 b(7) and section 18(4) and (6).
(10) If no Dean is employed, the Rector or a person authorised by the Rector shall see to the Dean’s tasks.
(11) The charter shall lay down further details concerning employment and dismissals pursuant to subsection (3). The employment procedure shall ensure that Heads of Department and Sector Managers possess academic and managerial legitimacy. The charter shall also lay down further details concerning appointment and removal pursuant to subsections (4) and (7). The procedure for appointment pursuant to subsection (4) shall ensure that Heads of Graduate Schools possess academic and managerial legitimacy.
Academic Units
16 a. (1) Tasks pursuant to section 2(4) can be handled by academic units.
(2) In the organisational structure, academic units can be placed at the level of the main academic area or department.
(3) A Director shall head an academic unit at main academic area level. To the extent possible, the Director shall be an acknowledged researcher with experience and knowledge of management and handling of tasks pursuant to section 2(4).
(4) The Director of the academic unit shall be responsible for management of the academic unit and ensure consistency and quality in the handling of the academic unit’s tasks pursuant to section 2(4) and shall ensure the development of the quality of the academic unit’s tasks. The Director shall also ensure that the employees in the academic unit contribute to university education as agreed with the Head of the Graduate School and the Director of Studies.
(5) The Director shall employ and dismiss Sector Managers, cf. section 16(3), however.
(6) A Sector Manager shall head an academic unit at department level. To the extent possible, the Sector Manager shall be an acknowledged researcher with experience and knowledge of management and handling of tasks pursuant to section 2(4).
(7) The Sector Manager shall be responsible for the day-to-day management of the academic unit, including planning and allocation of tasks. In addition, the Sector Manager shall follow up on the evaluation of the tasks handled by the academic unit. The Sector Manager may allocate specific jobs to specific employees. Members of the academic staff are free to conduct research within the strategic framework laid down by the university for its research activities to the extent they are not requested to address jobs allocated to them by the Sector Manager.
(8) The charter shall lay down further details concerning employment and dismissals pursuant to subsection (5). The employment procedure shall ensure that the Sector Managers have academic and managerial legitimacy.
Graduate schools, Heads of Graduate Schools and PhD committees
16 b. (1) PhD degree programmes are the responsibility of graduate schools.
(2) The university shall establish the required number of graduate schools.
(3) The Head of the Graduate School shall be an acknowledged researcher with experience and knowledge of PhD programmes.
(4) The Head of the Graduate School shall appoint PhD supervisors in accordance with rules laid down by the individual university. The Head of the Graduate School shall approve PhD students subject to recommendation by representatives of the academic staff on the PhD committee.
(5) The Head of the Graduate School with the assistance of the PhD committee shall be responsible for the planning of the school’s programmes, including study periods abroad.
(6) The Head of the Graduate School shall be responsible for the PhD committee’s ongoing evaluations of the school’s activities. The Head of the Graduate School shall recommend follow-up on these evaluations to the Dean. Evaluations and plans for follow-up shall be made public.
(7) A PhD committee shall be set up to ensure the influence of the students on the PhD degree programme. The following are examples of the tasks of the PhD committee:
1) to recommend the appointment of a Chairman from among the PhD committee’s academic staff and a Vice-Chairman, if applicable, from among the PhD committee’s students to the Dean;
2) to recommend the composition of the assessment committee to the Dean;
3) to approve PhD courses;
4) to prepare recommendations for internal guidelines for the graduate school, including PhD guidelines, to the Head of the Graduate School;
5) to make statements about the evaluation of the PhD programmes and guidelines to the Head of the Graduate School;
6) to approve applications for credit transfers and exemptions;
7) to make statements in all matters of importance to the PhD degree programmes and guidelines presented to the committee by the Dean or the person authorised by the Dean and relating to the area of the committee.
(8) The PhD committee consists of representatives of the academic staff and the PhD students elected by and from the academic staff and the PhD students, respectively.
(9) The charter shall lay down the detailed rules concerning the establishment of graduate schools and the composition of PhD committees. Universities may work together to establish graduate schools based at one university. The charters of the participating universities shall lay down the detailed rules for the graduate schools established as a result of collaboration between universities, including rules for the composition of PhD committees.
Departments and Heads of Departments
17. (1) Usually, research and educational activities are the responsibility of the departments.
(2) The Head of Department shall undertake the day-to-day management of the department, which includes planning and allocation of tasks. The Head of Department may allocate specific jobs to specific employees. Members of the academic staff are free to conduct research within the strategic framework laid down by the university for its research activities to the extent they are not requested to address jobs allocated to them by the Head of Department.
(3) The Head of Department shall be an acknowledged researcher and have teaching experience.
(4) The Head of Department shall ensure the quality and coherence of the research and teaching at the department, and in consultancy with the Board of Studies and the Director of Studies, the Head of Department shall follow up on evaluations of education and teaching.
(5) In the exceptional case when a Head of Department is not employed, cf. subsection (1), the Dean shall see to the tasks of the Head of Department, cf. section 14(1).
Boards of Studies and Directors of Studies
18. (1) To safeguard student influence on education and teaching, the Dean shall set up the necessary number of Boards of Studies, cf. section 16(6).
(2) Each Board of Studies shall comprise equal numbers of representatives of the academic staff and the students, elected by and from the academic staff and the students, respectively.
(3) The Board of Studies shall elect from among its members a Chairman from the academic staff and a Vice-Chairman from the students.
(4) The Board of Studies shall recommend a Director of Studies to the Dean, cf. section 16(7).
(5) In cooperation with the Board of Studies, the Director of Studies shall undertake the practical organisation of teaching, tests and other assessments that form part of the examinations. The Director of Studies shall approve the thesis statement and the date of submission of a Master’s degree thesis and, in this context, a plan for supervision of the student.
(6) The Board of Studies shall ensure the organisation, realisation and development of educational and teaching activities, including aims to:
1) assure and develop the quality of education and teaching and follow-up on evaluations of education and teaching;
2) prepare proposals for academic regulations and changes thereof;
3) approve the organisation of teaching, tests and other assessments that form part of the examinations;
4) handle applications concerning credit, including preliminary credit and exemptions; and
5) make statements on all matters of importance to education and teaching within its area and discuss issues related to education and teaching as presented by the Rector or the person authorised by the Rector to do so.
(7) The charter shall lay down further details concerning the setting up of a Board of Studies, including election of Chairman and Vice-Chairman and recommendation for a Director of Studies, pursuant to subsections (1–4), and tasks, pursuant to subsections (5) and (6).
(8) In the charter, the Board may decide to set up Boards of Studies at different levels of the organisation.
(9) In the charter, the Board may lay down special rules to govern Master’s degree programmes and can deviate from the governance regulations as specified in this Part, when necessary to achieve the ends.
Appeals Board for Credit Decisions
18 a. (1) Academic aspects of decisions by the Board of Studies about credit, including preliminary credit, cf. section 18(6), sentence 4, can be referred to an Appeals Board by the person concerned by the decision.
(2) The Rector shall set up the Appeals Board with a representative of the academic staff at the same or a related degree programme at the university and a representative of the academic staff at the same or a related degree programme at another university.
(3) The Minister of Science, Technology and Innovation shall lay down the rules concerning the setting up of the Appeals Board and its activities, including the right of appeal.
Part 4
Economic Matters
19. (1) The Minister shall subsidise the university’s educational, research and communication activities and other tasks allocated to the university.
(2) Subsidies to the university’s offer of approved degree programmes pursuant to section 4(1), sentences 1 and 2 and section 5 shall be awarded based on rates, as specified in the annual budgets, and the number of full-time equivalent students and any completed studies.
(3) The annual budgets specify the framework governing subsidies to research and communication activities and other activities allocated to the university.
(4) Subject to negotiations with the Minister of Finance, the Minister may specify rules governing subsidies to the universities’ activities, pursuant to subsections (1) and (2) about payment of subsidies to universities, including payment in advance, and aspects concerning budgets and appropriations relative to the universities.
(5) The Minister may lay down rules governing which students will produce subsidies pursuant to subsection (1), and how to estimate the number of full-time equivalent students.
(6) The Minister may request information from the university for budgetary and statistical purposes and lay down requirements to the programme administration systems.
(7) The university may allocate free places with student grants to cover costs of living in Denmark to certain foreign students while they complete a Master’s degree at the university. The number of free places with student grants and the size of the grants are determined in the annual budgets. In addition, the university may use profit acquired pursuant to section 26(2) to award further free places or free places with student grants.
(8) The Minister shall lay down further rules for administration of free places and student grants pursuant to subsection 6, including:
1) which foreign students can be awarded free places and student grants;
2) application and allocation of free places and determination of the amount of the student grants;
3) payment of student grants; and
4) termination of a free place and student grant as a result of insufficient study activity or a revocation of a promise of a free place and student grant if the promise was made on an incorrect basis.
20. (1) Other ministers can subsidise the university.
(2) The university may accept subsidies and donations from third parties, in addition to those provided by the State through appropriation acts.
(3) The university may make money on activities it offers and run subsidised activities.
21. (1) Within its scope, the university has at its free disposal subsidies, income and capital as a whole. It is a condition that the university should comply with the conditions for the subsidies and the rules of management and should undertake the tasks subsidised pursuant to sections 19 and 20.
(2) The university may accumulate subsidies to be spent in accordance with the university’s purpose in the following financial year.
(3) The university shall deposit its cash funds in compliance with the order on the depositing of the money of foundations and board fees, etc.
22. (1) To a reasonable extent, the university shall pay for and make facilities available for activities related to student union activities.
(2) To a limited extent, the university may pay for and make facilities available for other student activities.
(3) The university may pay for accident insurance for students enrolled at the university.
23. (1) The Minister shall reimburse, on a quarterly basis and against due documentation, the university’s expenses for payment of duties under the VAT (value-added tax) Act that pursuant to the VAT Act are not deductible from the statement of tax liabilities (non-deductible input VAT) of an enterprise and that the university incurs to procure goods and services subsidised pursuant to sections 19 and 20.
§ 24. The Minister may retain subsidies, cancel subsidies fully or in part or request full or part repayment if the university does not comply with the conditions of the subsidies and the rules of management.
(2) The Minister may retain subsidies, cancel subsidies fully or in part or request full or part repayment if a petition in bankruptcy is filed against the university, if the university suspends its payments, or if there is a risk that the university may stop its activities due to other factors.
(3) The Minister may request repayment of subsidies if the calculation of the subsidies rests on an incorrect basis or if the calculation of the subsidies as such was incorrect.
(4) The Minister has the same powers on behalf of other ministers, as described in subsections (1–3).
(5) Claims for repayment pursuant to subsections (1–4) and expenses paid for the university pursuant to section 31(2) and section 42(1) can be set off against future subsidies.
25. The Minister may grant loans for various institutional purposes, including the purchase of equipment. The Minister may specify the terms and conditions of such loans.
Student Fees
26. The university shall request part payment for participation in educational activities, tests and other assessments that form part of the examinations for part-time programmes partially subsidised pursuant to section 19(1) and section 20(1).
(2) The university shall request full payment for participation in educational activities, tests and other assessments that form part of the examinations for full-time and part-time programmes not subsidised and for which no free place has been awarded pursuant to section 19(1), (5) and (7) and section 20(1).
(3) The university shall request full payment from external students for their participation in tests and other assessments that form part of the examination.
(4) The university shall set up a basis for calculating student fees pursuant to subsections (1–3). Together with any subsidies, the student fees pursuant to subsections (1) and (3) may not exceed the costs incurred. The student fees pursuant to subsection (2) shall, as a minimum, correspond to the costs incurred. The Minister may specify further details on how to set up a basis for determining student fees.
(5) The university may request that certain foreign students pay a deposit before processing their application for admission to a degree programme if the examination granting them access is not Danish. The deposit is only refunded to applicants who are enrolled in the degree programme.
(6) The university may charge certain foreign applicants a fee for organising:
1) a qualification test to document that the applicant complies with the necessary academic requirements for enrolment in the degree programme; and
2) a special examination in English or another foreign language to document that the applicant has the necessary language skills for enrolment in degree programmes taught in English or another foreign language.
27. The university may request that PhD students whose education is funded by external sources, pay in full for their participation in educational activities, tests and other assessments that form part of the examination.
Accounts and Audits
28. (1) The university shall comply with the legislation governing the accounting of the State, etc.
(2) The accounts shall be prepared as specified by the Minister.
(3) The university’s accounting year is the financial year. At the conclusion of the accounting year, the university shall prepare annual accounts comprising a profit and loss account, balance and a list of capital equipment. The Board and the Rector shall sign the accounts, cf. section 10(5) and section 14(6).
(4) The university accounts shall be audited by an Auditor General as provided by the legislation governing audits of the accounts of the State, etc.
(5) The Auditor General and the Minister may arrange that audits pursuant to subsection (4) are undertaken jointly by the Auditor General and an accountant as agreed upon. A state-authorised or registered accountant shall conduct such audits.
Staff
29. (1) The university shall follow the rules on wage and employment conditions, including pensions, as laid down by or agreed upon with the Minister of Finance for staff employed by the university. The university shall also follow the rules on special remunerations as laid down by or agreed upon with the Minister of Finance.
(2) The duty to give evidence as laid down in the act on public servants shall apply to members of the Board.
(3) The Minister may lay down rules on employment of academic staff and teachers.
(4) Powers that the Minister of Finance pursuant to subsection (1) has delegated to the Minister may be delegated to the universities by the latter.
Building Matters, etc.
30. (1) Universities that change into independent universities under this Act shall comply with the scheme laid down for the administration of the buildings of the State.
(2) The Minister shall be authorised to transfer state-owned buildings, furniture and other movables to the university upon the university’s request.
(3) The conditions that are specified for transfers pursuant to subsection (2) shall be subject to the approval of the authorities empowered to perform such transfers.
(4) After negotiations with the Minister of Finance and the Minister of Economic and Business Affairs, the Minister may lay down rules concerning the university’s construction activities and other building matters concerning buildings that the university possesses or has taken over.
(5) The university shall take out general insurance covering the buildings that the university possesses or has taken over.
Part 5
Changes in the Status of the University
31. (1) For collaboration activities between universities or between universities and other educational or research institutions, the Minister may approve exceptions from applicable legislation and lay down special rules governing such collaboration as recommended by the institutions involved. For institutions that are not under the Minister of Science, Technology and Innovation, such approval shall take place after negotiations with the minister concerned. The same shall apply to mergers between universities or mergers between universities and other research institutions.
(2) For approval of collaboration activities pursuant to subsection (1), the Minister may decide – as regards collaboration between universities and state-run research institutions – that money paid by the State to a third party on behalf of the university, pursuant to section 24(5), shall be set off against the university’s subsidies, pursuant to section 19(1) and section 20(1).
32. (1) Should the Board abolish the university, the net assets of the university shall be transferred to the State, cf. section 38(8), however. A decision to abolish shall be approved by the Minister.
(2) Donations granted to the university shall be transferred to the State, unless otherwise provided by generally applicable Danish legislation, cf. section 38(8), however.
33. (1) The Minister may lay down special rules governing universities or parts thereof that assume special tasks or where special circumstances speak in favour of doing so.
(2) In exceptional cases and subject to negotiations with the minister in question and discussion with the university, the Minister of Science, Technology and Innovation may request that the university performs tasks as described in section 2(4) against payment if the tasks in question are of considerable importance to society.
Part 6
Miscellaneous Provisions
34. (1) Legal questions relating to the university’s decisions on student matters may be brought before the Danish University and Property Agency in accordance with the rules laid down by the Minister.
(2) The Minister may determine that others may submit complaints to the Agency on legal questions relating to the decisions of the university.
(3) The decisions of the Agency cannot be referred to a higher administrative authority.
35. Upon the university’s application, the Minister may approve that foundations and associations contribute to the university’s research-based degree programmes if the employment procedures of these foundations and associations are not contrary to the employment procedures of the State.
36. In exceptional cases and to a limited extent, the Minister may approve deviations from the governance regulations of the Act, cf. Part 3, as proposed by the university.
Part 7
Interim Provisions and Entry into Force
37. (1) This Act enters into force on 1 July 2003.
(2) [Omitted]
(3) At the time when this Act enters into force, the people elected as Rector, Deans and Heads of Department may continue in their positions, with the powers vested in them according to the Act, for the duration of the current election period, unless the charter specifies a different election period, and after that until the Board has employed a Rector, as specified in the charter, and the Rector has employed Deans, as specified in the charter, and the Deans have employed Heads of Department, as specified in the charter and as authorised by the Rector.
(4) At the time when this Act enters into force, the people elected as Chairmen and Vice-Chairmen of the Boards of Studies may continue in their positions for the duration of the current election period, unless the charter specifies a different election period, and after that until the new Boards of Studies have been set up, and Chairmen and Vice-Chairmen of the Boards of Studies have been elected and approved by the Deans as laid down in the charter.
(5) The rules on removal of elected leaders applicable until now shall apply during the period until new leaders have been employed or appointed in accordance with the charter.
(6–9) [Omitted]
38. (1) [Omitted]
(2–5) [Omitted]
(6) Existing governmental loans granted to the business schools to erect, reconstruct or procure buildings and subsidies to furnish rented premises shall continue on the same terms.
(7) Only the Copenhagen Business School and the Aarhus School of Business may use the Danish term for “business school” (in Danish: “handelshøjskole”).
(8) If either the Copenhagen Business School or the Aarhus School of Business is abolished, and if the remaining assets are sufficient, the net assets of the business school as computed on 31 December 1990 and any donations made from 1 January 1991 to 30 June 2003 in the form of movables, real estate and grants for the construction of real estate, shall be used for the purposes specified in the charter applicable at all times. If there are any additional remaining assets, the net assets of the business school as computed on 30 June 2003 shall be used for teaching and education aims as specified by the Minister. The charter may lay down rules to compute the net assets.
39. (1) After consultation with the Boards of the Danish University of Education and the Technical University of Denmark, the Minister shall lay down the procedure to follow for the changeover of each university to this Act.
(2) After consultation with the Board of the Danish University of Education, the Minister may abolish fully or in part Act no. 483 of 31 May 2000 on the Danish University of Education, and after consultation with the Board of the Technical University of Denmark, the Minister may abolish fully or in part Act no. 1265 of 20 December 2000 on the changeover to a self-governing institution by the Technical University of Denmark (DTU).
(3) The Danish University of Education adheres to the provisions set out in the Act on the Danish University of Education until these provisions are abolished and replaced by the provisions of this Act. The Technical University of Denmark adheres to the provisions set out in the Act on the Technical University of Denmark (DTU) until these provisions are abolished and replaced by the provisions of this Act.
40-44. [Omitted]
45. (1) Public servants employed at universities that pursuant to this Act change over to a self-governing body may choose to uphold their employment status as public servants for work performed at the university. Public servants are not entitled to receive compensation during temporary unemployment, allowance pay or pension as a result of the university’s changeover to a self-governing body and are under an obligation to submit to the changes to the extent and form of their services resulting from this changeover.
(2) The university shall pay the wages and pension contributions to the Treasury for such public servants, including any expenses for compensation during temporary unemployment, allowance pay and money payable after death. Expenses for current pensions shall be borne by the State. If the university is abolished, any expenses for compensation during temporary unemployment or allowance pay and money payable after the death of a public servant of the university shall be paid by the Treasury if the abolished university does not have sufficient funds to cover these expenses.
(3) The Rector shall make any decisions regarding suspensions, initiation of an official examination of the work of a public servant, appointment of a leader of an examination, imposition of disciplinary punishment and actions for defamation pursuant to the rules laid down in the act on public servants.
(4) [Omitted]
46–47. [Omitted]
48. (1) The following acts and regulations are hereby repealed:
1) Act on universities, etc. (the University Act), cf. consolidated act no. 1177 of 22 December 1999.
2) Act on business schools and business school departments, cf. consolidated act no. 864 of 27 September 1996.
(2) Rules laid down under the provisions of acts referred to in subsection (1) and section 39(2) shall remain in force until repealed or replaced by rules laid down under the provisions of this Act.
Act no. 1156 of 19 December 2003 2) contains the following provision regarding entry into force:
9.
The Act shall enter into force on the day following the publication in Lovtidende (the Danish Legal Gazette) 3) and shall apply to dismissals where the decision regarding dismissal is made after the entry into force of the Act and in connection with other changes in conditions taking place after the entry into force of the Act.
Act no. 337 of 18 May 2005 4) contains the following provision regarding entry into force:
2.
(1) This Act shall enter into force on 1 June 2005.
(2–5) [Omitted]
Act no. 544 of 8 June 2006 5) contains the following provision regarding entry into force:
3.
This Act shall enter into force on the day following the publication in Lovtidende (the Danish Legal Gazette). 6)
Act no. 295 of 27 March 2007 7) contains the following provision regarding entry into force:
3.
(1) This Act shall enter into force on 1 April 2007.
Act no. 567 of 6 June 2007 8) contains the following provision regarding entry into force:
2.
(1) This Act shall enter into force on 1 July 2007.
(2) Pursuant to section 1(vii) of this Act, the university shall have set up one or more user panels for its degree programmes by 1 January 2008 at the latest, cf. section 13 a(1) of the University Act.
(3) Pursuant to section 1(xxi) of this Act, the Minister of Science, Technology and Innovation may, subject to recommendation by the university, permit PhD degree programmes to take place elsewhere than at a graduate school until 1 July 2010, cf. section 16 b(1) of the University Act.
Act no. 570 of 6 June 2007 9) contains the following provision regarding entry into force:
2.
(1) Section 1(i) shall enter into force on 1 February 2008. 10)
(2) Section 1(ii) shall enter into force on 1 September 2007.
The Ministry of Science, Technology and Innovation, 7 December 2007
Helge Sander
/ Helga Øregaard
Official Notes
1) In Act no. 295 of 27 March 2007 pertaining to the amendment of the University Act and the act on research advice, etc. (amendments resulting from the creation of the Accreditation Agency), section 3(5) by mistake became section 3(6). Section 3 of the University Act therefore has two subsections (6) but no subsection (5). The mistake will be corrected in the next amendment of the Act.
2) The amendment pertains to section 8(i).
3) Publication in Lovtidende (the Danish Legal Gazette) took place on 22 December 2003.
4) The amendment pertains to section 3(4–9), section 8(2), section 19(6) and (7) and section 26(2) and (4).
5) The amendment pertains to section 34.
6) Publication in Lovtidende (the Danish Legal Gazette) took place on 9 June 2006.
7) The amendment pertains to section 3(1), second sentence, subsections (2–4), ( 6) (cf. note 1) and (9) and section 8(1).
8) The amendment pertains to section 2(4), section 8 a, section 10(8–9), section 12(2–3), section 13 a, section 14(1), second sentence, section 14(5) and (11), section 15(4), (5) and (6), section 16(1), (3–7), (9) and (11), section 16 a, section 16 b, section 18(1), (4) and (6), section 18 a, section 19(1–3), section 26(2), (5) and (6), section 28(3), section 33(2) and section 38(7).
9) The amendment pertains to section 9(2) and (3) and section 18(5), second sentence.
10) Section 9(2) and (3) enter into force on 1 February 2008.
Historical - non-valid version