Act no 538 of 12 Juni 2009 concerning amendments to the University Act (Conferral of Danish certificate for certain degree programmes outside of Denmark, flexible free places and scholarships, etc.

 (Conferral of Danish certificate for certain degree programmes outside of Denmark, flexible free places and scholarships, etc.)

WE, MARGRETHE THE SECOND, by the Grace of God Queen of Denmark, hereby proclaim that the Danish Parliament has passed and We have granted Our Royal Assent to the following Act:

Part 1

In the Act on Universities (the University Act), cf. Ministerial Order no.1368 of 7 December 2007, the following amendments shall be made:

1. 3(4–8) shall be deleted and replaced by:

(4) The university can offer students, on an individual basis and as an alternative to taking a degree programme in Denmark, the opportunity to study part of the programme at one or more foreign universities, as per reciprocal exchange agreements between the universities concerned.

(5) The university can in special cases offer a degree programme in which parts of the programme cannot be taken in Denmark, but shall be taken at one or more universities outside of Denmark, by agreement between the universities concerned on mutual exchanges, cf. however (1).

(6) While enrolled at a foreign university, students studying pursuant to(4) and (5) follow the rules for the university attended, and not the rules set out by this Act.

(7) Following application from a Danish university, the Minister may determine that one of the university’s degree programmes can be offered by one or more universities outside of Denmark.The Minister stipulates the exact rules regarding the conditions for approval.

(8) As part of an exchange agreement, as specified in(4) and (5), the Minister may determine that the Danish university can issue a certificate to students who have completed parts of their study programme at the university without being enrolled in the programme in question. Similarly, the Danish university may issue a certificate to a student who has taken a degree programme outside of Denmark that is approved pursuant to (7).

(9) The Minister stipulates the exact rules for the study programme pursuant to(4) and (5) and for the issuing of certificates pursuant to(8), and may, in this context, deviate from the regulations in 17(4), 18(5) and (6), and 34 (1).

2. In 14 (8), “5–8” shall be amended to:“5–9”, and “16 b (7)” shall be inserted after:“15 (2)”.

3. In 15 (7), “(1) and (4)” shall be amended to:“(1), (4) and (6)”.

4. 19 (7) shall be phrased as follows:

(7) “The university may allocate complete or partial free places to certain foreign students.The free places can be allocated with a complete scholarship, a partial scholarship or no scholarship.The scholarship provides support to cover living costs incurred while the student is taking a full degree programme or parts of a programme at a university in Denmark, cf.4 (1). The framework for free places and scholarships is fixed by the annual Appropriation Act.The university may also earmark any surplus accumulated pursuant to 26 (2) to be allocated to additional free places or scholarships as per the regulations in (1) and (2).”

5. In 19 (8), “(6)” shall be amended to:“(7)”.

6. In 19 (8), after no.1, a new number shall be inserted:

“2) the degree programmes for which free places can be achieved,”

Nos.2–4 shall subsequently be amended to nos. 3–5.

7. 19 (8), no.2, amended to no.3, shall be phrased as follows:

“3) application for and allocation of free places and scholarships,”

8. In 21, the following shall be inserted as (4):

“(4) In connection with offering degree programmes outside of Denmark pursuant to 3 (7), or research collaborations, the university may provide subsidies to one or more foreign universities.The framework for subsidies is fixed by the annual Appropriation Act.”

9. In 26 (2), “not subsidised or given as scholarships” shall be amended to:“to the extent that the activity is not subsidised or given as a free place”.

10. In 26 (4) sentence 3, the following shall be inserted after “the costs”:“and on allocation of a partial free place pursuant to 19 (7), amounts to the difference between the value of the partial free place and the subsidy as per 19 (2)”.

11. In 34 (1), “the Danish University and Property Agency” shall be amended to:“the Minister”, and “by the Minister” shall be amended to:“by the same”.

12. In 34 (2), “the Agency” shall be amended to:“the Minister”.

13. 34 (3) shall be deleted.

14. In Part 6, the following shall be inserted after 36:

36 a. “The Minister may authorise a Government authority under the Ministry, or other Government authorities following negotiations with the relevant minister, to exercise the powers attributed to the Minister in this Act.

(2) The Minister can determine regulations regarding access to appeal against decisions made in compliance with authorisation pursuant to (1), including the right to refuse an appeal against such decisions.

(3) The Minister can determine regulations regarding the execution of the powers granted to another Government authority following negotiations with the relevant minister pursuant to (1).”

Part 2

(1). This Act enters into force on 1 July 2009, cf. however (2).

(2). The Minister for Science, Technology and Innovation determines the time at which Section 34 of the University Act enters into force as amended by 1 (11–13) of this Act.

Given at Christiansborg Palace on 12 June 2009

Under Our Royal Hand and Seal

MARGRETHE R.

/ Helge Sander