6
Questionnaire TASK FORCE 3
Regarding PhD Programmes
The status of PhD studies is different in the EU Member states. A PhD is a doctorate thesis. Within the Bologna system of higher education, a PhD is the level next to the attainment of the master degree. In some countries, this qualifies for a professorship. Some countries, however have not enrolled in the Bologna system (yet). In those countries, the PhD is the attestation that the student can do a research autonomously. In other countries like Germany a professorship also requires a Habilitationsschrift, that is a major study in a scientific field.
A PhD may take 3-6 years, it differs per country and also circumstances are different. Several universities organize PhD studies in doctoral schools. In some countries doctoral schools are organized per discipline even with transnational cooperation. A PhD is generally not required to become a judge. PhD courses may be interesting for the Menu for Justice project because they do provide information on the knowledge and skills necessary to succeed in PhD studies with a focus on justice, courts, public prosecutions offices and the legal professions.
Section I: State of Regulation
(Information in this section is required by 15 April 2010)
Describe national rules and legislation on PhD studies. For larger countries: take a sample of 10 universities to describe governance policies for PhD’s. For smaller countries (up to 10 universities: select all universities). Describe the constraints to adapt these rules.
1.1 Legislation and institutions entitled to issue PhD programmes in your country
Please provide the name of the legislation and/or regulatory body(s), and a brief description of the authority over PhD programmes, contained in the legislation or held by the regulatory authority.
Original Name & Ref., Translation into English and Web link to the Law:
General link to the legislation:
http://zakonodaja.gov.si/
Original Name: Zakon o visokem šolstvu (ZVis)
Reference: Official Gazette of the RS, no. 67/1993 Changes: no. 39/1995, Constitutional Court Decision: U-I-22/94-15, 18/1998 Constitutional Court Decision: U-I-34/98, 35/1998, Constitutional Court Decision: U-I-243/95-13, 99/1999, 64/2001, 100/2003, 134/2003-Official Consolidated Text 1, 63/2004, 100/2004-Official Consolidated Text 2, 94/2006, 119/2006-Official Consolidated Text 3, 59/2007-Scholarship Act (63/2007 amendments), 15/2008 Constitutional Court Decision: U-I-370/06-20, 64/2008, 86/2009
Translation into English: Higher Education Act
Web link to the Law: Higher Education Act – Unofficial Consolidated Text 5 (November 2009):
http://www.dz-rs.si/index.php?id=101&sm=k&q=zakon+o+visokem+%C5%A1olstvu&mandate=-1&unid=UPB|233CC0BBD4001F20C125766B002560DC&showdoc=1
Official versions:
- Higher Education Act - Official Consolidated Text 3 (Official Gazette of the RS, no. 119/2006):
http://www.uradni-list.si/1/objava.jsp?urlid=2006119&stevilka=5079
- Higher Education Act - Changes ZViS-F (Official Gazette of the RS, no. 64/2008):
http://www.uradni-list.si/1/objava.jsp?urlid=200864&stevilka=2761
- Higher Education Act - Changes ZViS-G (Official Gazette of the RS, no. 86/2009):
http://www.uradni-list.si/1/objava.jsp?urlid=200986&stevilka=3806
Original Name: Zakon o strokovnih in znanstvenih naslovih (ZSZN-1)
Reference: Official Gazette of the RS, no. 61/2006
Translation into English: Professional and Academic Titles Act
Web link to the Law: http://www.uradni-list.si/1/objava.jsp?urlid=200661&stevilka=2571
Original Name: Merila za akreditacijo visokošolskih zavodov in študijskih programov
Reference: Official Gazette of the RS, no. 95/2010, 17/2011
Translation into English: Criteria on accreditation of higher education institutions and study programmes
Web link to the Law: http://www.uradni-list.si/1/objava.jsp?urlid=201095&stevilka=4993
Original Name: Merila za kreditno vrednotenje študijskih programov po ECTS
Reference: Official Gazette of the RS, no. 95/2010
Translation into English: Criteria for credit assignment to study programmes according to ECTS
Web link to the Law: http://www.uradni-list.si/1/objava.jsp?urlid=201095&stevilka=4995
Institution with regulatory powers:
- Faculty of Law, University of Ljubljana,
- Faculty of Law, University of Maribor,
- European Law Faculty in Nova Gorica,
- National Agency of the Republic of Slovenia for Quality in Higher Education,
- Council of the National Agency of the Republic of Slovenia for Quality in Higher Education.
Brief description:
There are three faculties in Slovenia that offer undergraduate law programmes. Two are public higher education institutions, both named Faculty of Law, one being part of the University of Ljubljana, the other of the University of Maribor. The third public University, the University of Primorska, does not have the Law Faculty yet. The third faculty offering an undergraduate law programme is a private independent institution of higher education named the European Law Faculty in Nova Gorica.
Until the academic year 2009/2010 the programmes offered at the Faculty of Law, University of Ljubljana and at the Faculty of Law, University of Maribor were the undergraduate programme, which lasted 4 years and a scientific masters programme, that lasted 2 years, followed by a separate doctorate study. According to the changes of the Bologna process, the programmes were changed. The Faculty of Law in Maribor and the European Law Faculty in Nova Gorica (formed in 2005) now offer a 3 + 2 years Bologna programme, while the Faculty of Law in Ljubljana offers a 4 + 1 year Bologna programme. The first number represents the number of years for the undergraduate law degree, while the second stands for a masters programme. However, the new masters does not lead to the title of master of science but to a professional master. The old master of science programme will be offered at the two mentioned faculties until the academic year 2015/2016. The students starting their studies in the year 2009/2010 and later cannot conclude a master of science programme anymore.
Study obligations in study programmes are evaluated with credit points according to ECTS. An individual year of a study programme has 60 credit points. Doctoral study programmes have 180 credit points and last three years (Article 36 of the Higher Education Act). They are offered by all three faculties.
A higher education institution may commence with activities, after being entered in the register of higher education institutions. A higher education institution, which was established by the Republic of Slovenia, is ex officio entered in the register; a private higher education institution on the proposal of a founder. Concession for carrying out the public service in higher education is conferred with a decision by the Government of the Republic of Slovenia via a public tender.
The Higher Education Act gives the universities and other independent higher education institutions the autonomy to decide independently. The principle of autonomy ensures inter alia:
- freedom of research, artistic production and knowledge mediation,
- independent regulation of internal organisation and operations by statute in accordance with the law,
- establishment and adoption of education and scientific-research programmes,
- grant of professional and scientific titles in accordance with the law.
However, the faculties are not completely independent – they have to obtain from the Council of the Republic of Slovenia for Higher Education a professional opinion on the compliance with the conditions for the establishment or reorganisation of a higher education institution (accreditation of a higher education institution). In accordance with the changes to the Higher Education Act (ZViS-G (Official Gazette of the RS, no. 86/2009), the powers of the Council of the Republic of Slovenia for Higher Education will be transferred to the National Agency of the Republic of Slovenia for Quality in Higher Education on the 1st of May 2010. The Agency, which has already been established, is an independent institution that is bound by the principles of professionalism, impartiality, legality and political neutrality. It is a direct budget user.
The highest organ of the Agency is the Council of the Agency. It is composed of 11 members:
- three are nominated by the rectors’ conference,
- one is nominated by the representative association of higher education institutions,
- one is nominated by the representative association of higher vocational schools,
- two students are nominated by a representative organisation with the participation of student councils,
- one member is nominated by the representative association of employers,
- one member is nominated by the representative union in the field of higher education,
- two members are nominated from high education experts by the Government upon public call (one that studies or works in Slovenia, one from abroad).
The mandate of the Council lasts six years, and two years for the student members. The member can be re-nominated, but only once.
The Council of the Agency has to perform the accreditation process, in which it gives professional opinion on fulfillment of conditions for foundation or re-organisation of institutions of higher education, gives consent to study programmes and amendments to their compulsory components and at least every seven years gives re-consents to study programmes.
In the case that the Faculty forms part of a University, it is to the senate of the University that the senate of the Faculty applies with a study programme and it is the senate of the University that puts the programme into the accreditation process before the Council of the Agency. This is the case for the Faculty of Law in Ljubljana and Maribor. On the other hand, in case of the European Law Faculty in Nova Gorica that does not form part of a University, it is the Faculty that puts the programme into the accreditation process before the Council of the Agency directly.
1.2 What degree of legal autonomy is entrusted to each university to determine the scope of PhD programmes?
(A university is an institution for third level higher education, typically with the right to grant the PhD status. It does not matter if the university has a public or a private character.)
The curriculum of law degrees is not determined by a central authority. It is up to the law faculties to establish and adopt study and scientific-research programmes as well as to grant professional and scientific titles (Article 6 of the Higher Education Act).
Study programmes for the obtainment of education are adopted by the university senate (i.e. University of Ljubljana or University of Maribor) on the proposal of the senate of a university member (i.e. the Faculty of Law in Ljubljana and in Maribor), or the senate of an independent higher education institution (i.e. the European Law Faculty in Nova Gorica). However, the study programme has to undergo the accreditation process in front of the Council of the National Agency of the Republic of Slovenia for Quality in Higher Education.
The Council of the National Agency of the Republic of Slovenia for Quality in Higher Education decides ex officio at least every seven years on the extension or withdrawal of the consent to the study programme. Study programmes become publicly valid with the agreement of the Council of the Agency (Article 32 of the Higher Education Act).
The curriculum with credit evaluation of study obligations according to the European Credit Transfer and Accumulation System is one of the compulsory components of study programmes.
This means that the curriculum as part of the study programme is prepared by the faculty and accredited by the Council of the Agency.
1.3 Legal constraints/barriers to reform and changes PhD programmes.
Which are, if any, the formal legal constraints/barriers to reform or change PhD programmes in your country?
(If you know of any, we also welcome any information about any informal/non-legal constraints/barriers to reform or change to PhD programmes.)
The study programme, together with all its compulsory components can be amended by the same procedure as is used for the adoption. This means that it has to be accredited by the Council of the Agency.
The compulsory components of a study programme of the third level – doctorate are the following (Article 35 of the Higher Education Act):
1– general information on the programme (name, level, type, duration),
2– definition of key programme objectives or general and subject-specific competences acquired with the programme,
3– data on programme’s international comparability,
4– data on international cooperation of a higher education institute,
5– curriculum with credit evaluation of study obligations according to the European Credit Transfer and Accumulation System (ECTS) and determining the share of optional subjects in a programme,
6– enrolment conditions and selection criteria during enrolment restriction,
7– criteria to recognise knowledge and skills acquired prior to entry into a programme,
8– evaluation methods,
9– advancement conditions according to the programme,
10– conditions for transfer between programmes,
11– study implementation method,
12– study conclusion conditions,
13– conditions to complete individual parts of a programme, if the programme includes them,
14– professional title formed in accordance with the Act.
Doctoral study programmes are the basis to prepare a study and research programme for an individual student. Compulsory components referred to in the previous list (except the components under indents 8, 11, 13 and 14) are determined mutatis mutandis in a Doctoral study programme. The exceptions are determined in the programme, if it is so determined by the higher education institute’s memorandum of association.
The curriculum is used to determine the content and obligations evaluated in credits, which may be distributed into a study or research programme of an individual programme (group forms of study work, group or individual research work). Organised study forms according to a Doctoral study programme must consist of at least 60 credit points. The Doctoral study programme also determines the scientific title.
According to the Criteria on accreditation of higher education institutions and study programmes some changes to the study programmes do not have to undergo the complete accreditation procedure (Article 24 of the Criteria). These, the so called minor changes, that include the names of the subjects or the introduction or abandonment of optional subjects, can be accepted by the Council of the Agency without a hearing before the relevant commissions.
Similarly, the following changes in the study programme: the contents of the training schedules, the list of the study literature, the habilitated heads of subjects and all changes of non-compulsory components of a study programme enter into force on the day decided by the senate of the higher education institution and are only registered by the Council of the Agency without a hearing.
1.4 Is there a formal relation between achieving a PhD and judicial appointments and profession?
The general rule of the Judicial Service Act[1] states that anyone who fulfils the following general conditions may be elected a judge (Article 8):