REGULATION OF THE MINISTER OF SCIENCE AND HIGHER EDUCATION ¹

Transcription

1 Journal of Laws No Item REGULATION OF THE MINISTER OF SCIENCE AND HIGHER EDUCATION ¹ of 8 th August, 2011 on the nostrification of academic degrees and degrees related to art study obtained abroad Pursuant to Article 24 (5) of the Act of 14 th March, 2003, on the Academic Degrees and on the Academic Title, as well as on the Degrees and the Title Related to Art Study (Item 595 of No. 65 of the Journal of Laws, with subsequent amendments²) it is hereby ordered as follows: 1. The Regulation establishes: 1) organizational units authorized to conduct the nostrification procedure and the scope of competence of their bodies; 2) a procedure and time frames of the nostrification of academic degrees and degrees related to art study obtained abroad; 3) kinds of documents which should accompany an application for the nostrification of academic degrees and degrees related to art study; 4) conditions for establishing payment for conducting the nostrification procedure, including the possibility of reduction of or exemption from fees and the way of payment of fees; 5) a sample form of a certificate issued after the nostrification procedure. 2. The following definitions shall apply for the purposes of this Regulation: 1) applicant a person seeking the nostrification of an academic degree or a degree related to art study obtained abroad; 2) academic degree an academic degree or a degree related to art study obtained abroad; 3) the Council the Council of the organizational unit authorized to confer an academic degree of doktor habilitowany (doctor habilitatus) in a given academic field or a degree of doktor habilitowany (doctor habilitatus) in a given field of art study within the scope of a given academic discipline or of a given artistic discipline concerned with the academic degree; 4) country party to the Lisbon Convention i.e. a country a party to the Lisbon Recognition Convention on obtaining a higher education degree in the European Region, signed in Lisbon on 11 th April, 1997 (Item 2339 of No. 233 of the 2004 Journal of Laws), excluding the countries mentioned in Article 24 (1) of the Act of 14 th March, 2003, on the Academic Degrees and on the Academic Title, as well as on the Degrees and the Title Related to Art Study The nostrification procedure shall be conducted by the Council. 2. The applicant shall submit an application to the Council chosen for initiating the nostrification procedure with the following attachments: 1) an original copy of the diploma confirming that he/she has obtained the academic degree for review;

2 2) in the event of seeking recognition of the academic degree as equivalent: a) to the Polish academic degree of a doktor (doctor) a copy of a doctoral dissertation, b) to the Polish academic degree of a doktor habilitowany (doctor habilitatus) a copy of documents confirming the academic attainments - being the basis for conferring the academic degree upon the applicant; 3) a copy of a higher education diploma or of a diploma confirming that its holder has obtained the academic degree, based on which the applicant has initiated the procedure to obtain the academic degree the recognition of which is sought by him/her; 4) a declaration saying that the academic degree, the nostrification of which the applicant seeks, has not been subject to any nostrification procedure conducted by another Council. 3. The Council may require that the documents mentioned in (2) be translated into the Polish language by a Sworn Translator entered into the Record of Sworn Translators maintained by the Minister of Justice or by a foreign translator and certified by the competent Consul of the Republic of Poland The date of delivering the application to the Council shall be the date of initiating the nostrification procedure. 2. The Council shall carry out a formal evaluation of the application. If the application is found incomplete, the Council shall call for its completion setting a time limit to complete the application under pain of disregarding the application. 3. If it is found inappropriate to conduct the nostrification procedure, the Council shall give a decision about refusing to conduct the procedure. Against the decision a complaint may be lodged with the Rector or with the head of the relevant institution for academic research The nostrification procedure shall end with a resolution of the Council not later than 90 days from the date of receipt of the application meeting formal requirements.

3 Journal of Laws No Item In the course of the procedure the Council shall be entitled to adopt a resolution on the necessity to draw up a review of a doctoral dissertation or documents confirming the academic attainments, being the basis for obtaining the academic degree. Should this be the case, the nostrification procedure shall end within 30 days from the date of receipt of documents confirming the implementation of the Council s resolution. 3. When adopting the resolutions mentioned in (1) and (2), provisions determining the rules for voting when conducting the proceedings to qualify as a doctor and as a doctor habilitatus shall apply The nostrification procedure shall end with the Council s resolution on: 1) recognition of the academic degree as equivalent to the relevant Polish academic degree or the relevant degree related to art study or 2) refusal to recognize the academic degree as equivalent to the relevant Polish academic degree or the relevant degree related to art study. 2. An applicant shall receive copies of the resolutions mentioned in (1). 3. An applicant shall be entitled to appeal against the resolutions mentioned in (1) to the Central Commission for Academic Degrees and Titles. Provisions of the Act of 14 th March, 2003, on the Academic Degrees and on the Academic Title, as well as on the Degrees and the Title Related to Art Study concerning the appeal against rejection resolutions on conferral of a degree of a doctor or a doctor habilitatus shall apply accordingly. 7. In the event of adopting the resolution mentioned in 6 (1) point 1, the organizational unit shall issue a certificate to the applicant of recognition of the academic degree. A sample form of the certificate is given in the attachment enclosed with the Regulation. 8. The Council, by resolution, shall be entitled to exempt a person who seeks, in this organizational unit, initiation of the proceedings to qualify as a doctor habilitatus and holds the academic degree obtained in the country party to the Lisbon Convention from the nostrification procedure The head of the organizational unit conducting the nostrification procedure shall specify the amount of the nostrification fee and set a time limit for its payment, with the reservation that the fee must not exceed 50% of the minimum rate of basic pay due to a full professor as specified in the provisions governing the conditions of remuneration for work and other job-related benefits granted to staff members of public institutions of higher education. When specifying the amount of the fee, the head of the organizational unit shall take into account the costs borne to conduct the procedure. 2. The fee mentioned in (1) shall be paid irrespective of the result of the nostrification procedure into the bank account or to the Bursar s Office of the organizational unit whose Council conducts the nostrification procedure. 3. The fee shall not be collected in the cases mentioned in 4 (3) and Should the applicant be in a difficult financial situation, the head of the organizational unit conducting the nostrification procedure may, at a request of the applicant, reduce the amount of the fee mentioned in (1) or exempt the applicant from its payment. 10. The Council shall refuse recognition of the academic degree as equivalent to the relevant Polish academic degree or exemption from the nostrification procedure if the institution which has conferred the academic degree: 1) was not entitled, on the date of issuing the diploma, to confer academic degrees within the meaning of provisions of domestic law of the country in whose higher education system

4 the institution operates, or 2) does not operate in a higher education system of any country. 11. The nostrification procedures instituted prior to and pending on the date on which this Regulation enters into force shall be conducted in accordance with the provisions preceding this Regulation. 12. This Regulation shall enter into force on 1 st October, 2011.³ The Minister of Science and Higher Education: B. Kudrycka ¹) The Minister of Science and Higher Education is in charge of the government department higher education, based on 1 (2) point 2 of the Regulation of the Prime Minister of 16 th March, 2011 on the detailed scope of operation of the Minister of Science and Higher Education (Item 324 of No. 63 of the Journal of Laws). ²) Amendments to the said Act were published in the Journal of Laws of 2005, No. 164, item 1365; of 2010, No. 96, item 620 and No. 182, item 1228 and of 2011, No. 84, item 455. ³) This Regulation was preceded by the Regulation of the Minister of National Education and Sport of 3 rd June, 2005, on the nostrification of academic degrees and degrees related to art study obtained abroad (Journal of Laws No. 104, item 874 and of 2007 No. 233, item 1714) which shall expire on the date of the entry into force of the present Regulation, based on Article 37 point 2 of the Act of 18 th March, 2011, on the amendment to the Act Law on higher education, the Act on the Academic Degrees and on the Academic Title, as well as on the Degrees and the Title Related to Art Study, and on the amendment to some other Acts (Journal of Laws No. 84, item 455 and No. 112, item 654).

5 Journal of Laws No Item 1067 Attachment to the Regulation of the Minister of Science and Higher Education of 8 th August, 2011 (item 1067) SAMPLE FORM (name of the organizational unit) (place and date) CERTIFICATE NO.... This has been issued to recognize, in the Republic of Poland, under Resolution No.:.., dated:.. the Diploma No.:.. certifying that its holder has been awarded the academic degree of (full name of the academic degree conferred abroad) issued this... day of...,..., (diploma issuing date) by (full name and head office of the institution which issued the diploma). (name of the country within whose higher education system the issuing institution operates) to:... (first name and family name) born on in (date) (place of birth) as equivalent to the Polish diploma of... (name of the academic degree conferred under the diploma) This Certificate must be presented together with the original copy of the diploma obtained abroad, or with its copy certified to be true to the original, on pain of invalidity. /official seal/ (name seal and signature of the head of the organizational unit)

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