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Regulations governing the internal procedures
of the University of Barcelona with regard to the validation of
university degrees awarded abroad as equivalent to a doctorate degree
Signed by the Governing Council on 11
November, 2005
Article 1. Object
These regulations govern the internal procedures of the University
of Barcelona (UB) with regard to the official recognition of higher
degrees awarded by foreign education systems, rendering them equivalent
to:
a) The current award of Doctor,
until such time as this is replaced by the award proposed in RD
56/2005, of 21 January, which regulates postgraduate university
studies.
b) The new university awards
of Doctor that are established in accordance with RD 56/2005.
Article 2. Exclusions
2.1. Official recognition by the
University of Barcelona of qualifications awarded by foreign education
systems shall not be offered with respect to:
a) The degrees and diplomas
that Spanish universities themselves award in accordance with
article 34.3 of Constitutional Law 6/2001, of 21 December covering
universities.
b) Those Spanish degrees for
which the syllabus is no longer binding or has yet to be fully
implemented in at least one Spanish university.
2.2. The following foreign degrees
or studies shall not be subject to official recognition by the University
of Barcelona:
a) Those which are not officially
validated in the host country.
b) Those corresponding to foreign
studies conducted entirely or partially in Spain when the institutions
concerned lack the mandatory authorisation to impart these courses,
or when the studies approved for the award of the foreign qualification
for which official recognition is sought were yet to be effectively
implemented in the foreign university or higher education institution
at the time the award was issued, in accordance with that set
out in article 86 of the Act of Parliament 6/2001, of 21 December
covering universities. However, when these circumstances affect
only part of the studies carried out, the part not affected may
be eligible for recognition, where appropriate.
c) Awards that have already been
officially recognised in Spain, or the studies completed in order
to obtain them that have already been recognized in order to continue
studying in Spain.
2.3. Those foreign degrees and
diplomas that have no direct relationship with the content of studies
imparted in the University of Barcelona shall not be eligible for
official recognition.
Article 3. Criteria for official recognition
3.1. Decisions regarding the official
recognition of foreign awards shall be reached by examining the
academic record of the student, and will take into account:
a) The correspondence between
the academic level required to begin the studies that comprise
the foreign award and that for the Spanish award.
b) The duration and workload
of the study period required to obtain the foreign award for which
official recognition is sought.
c) The correspondence between
the academic level of the foreign award and the Spanish award
with respect to which recognition is sought.
d) The content of the studies
completed in order to obtain the foreign award.
3.2. When the studies corresponding
to the Spanish award are regarded as equivalent under European Community
Directives the official recognition shall depend on the requirements
of these Directives being fulfilled.
Article 4. Examination of the application
The Academic
Management Board of the University of Barcelona shall be responsible
for examining the application. This procedure will be carried out
in accordance with that set out in Act 30/1992, of 26 November governing
the legal system of public administrations and common administrative
procedures.
Article 5. Fees
The fees to be paid by the applicant in order to initiate the accreditation
procedure shall be regarded as mandatory by the Rector. Proof of
payment of fees will be required prior to the processing of all
applications.
Article 6. Application
6.1 The first step in the official
recognition procedure involves presenting the application, which
must be addressed to the Rector, at the General
Registry of the UB.
6.2 The application for official
recognition will be made using the standard application
form.
6.3 The applicant may not apply
for official recognition at more than one university at a time.
However, if official recognition is refused the applicant may then
present a new application at a different Spanish university.
Article 7. Documents that must accompany the
application
7.1. The application for official
recognition must be accompanied by the following documents:
a) Official proof of the applicant's
nationality (certified photocopy of ID card or passport).
b) Certified photocopy of the
certificate issued in recognition of the award for which official
recognition is sought, or of the document authorising its issue.
c) Certified photocopy of the
academic transcript for the studies completed by the applicant
in obtaining the award for which official recognition is sought,
which must include the official duration, in academic years, of
the study program followed, the subjects completed, the number
of hours devoted to each and the grade obtained, and the grade
obtained in the doctoral thesis.
d) A copy of the doctoral thesis,
together with an explanatory report written in one of the official
languages of the University of Barcelona, the latter to include
a summary of the doctoral thesis, offering a detailed description
of its content, and the names of the examining board members who
assessed the thesis. The summary of the doctoral thesis shall
include an introduction and conclusions, and its length must be
at least 10% of the thesis as a whole. A copy in electronic format
must also be presented.
e) Proof of payment of the relevant
fees.
f) Signed declaration to the
effect that the award has not been officially recognised in Spain,
that the applicant has not simultaneously sought official recognition
of the same award in another university, and that the studies
corresponding to the award for which official recognition is sought
have not been accredited in order to continue studying in Spain.
The signed declaration must be written in one of the official
languages of the University of Barcelona.
g) In the event that official
recognition has been sought and refused in another university,
a copy of this university’s ruling must also be presented.
h) The applicant’s curriculum
vitae, written in one of the official languages of the University
of Barcelona.
7.2 The UB may require applicants
to provide other documents as deemed necessary.
Article 8. Requirements as regards the documents
Documents issued abroad must fulfil the following requirements:
a) They must be official and
have been issued by the competent authorities, in accordance with
the laws of the country in question.
b) They must be legally
approved by the relevant diplomatic authorities or, where necessary,
by means of the Hague Convention apostille. This requirement
is not binding for documents issued by authorities pertaining
to European Union member states, or signatories to the agreement
regarding the European Economic Area.
c) They must be accompanied,
where necessary, by the corresponding sworn
translation into Spanish or Catalan. A sworn translation of
the copy of the doctoral thesis is not required.
Article 9. Validation of documents
In the event of doubt regarding the authenticity, validity or content
of the documents provided the University of Barcelona may initiate
appropriate proceedings to clarify this matter, require the applicant
to provide the necessary information, or contact the competent authority
responsible for issuing the documents in order to resolve any outstanding
doubts.
Article 10. Amendments to the application
If the application does not fulfil the requirements and/or one
of the documents listed above is not presented, the applicant shall
be required, within a period of no more than ten days, to amend
the application and/or provide the mandatory documents, it being
made clear, further to a decision being pronounced to this effect,
that failure to do so will render the application invalid. The maximum
period for reaching a decision with regard to the application shall
be determined either by the time elapsed between the applicant being
notified of the required amendment and its observance, or by the
expiry of the authorised period.
Article 11. Reports
11.1 The decision regarding official
recognition shall be pronounced by the Rector of the UB further
to a report drawn up by the Doctoral Committee of the Governing
Council. This report, which must be drawn up in accordance with
the criteria set out in article 3 of these regulations and the exclusion
criteria established in article
2, will pronounce in favour or against the application.
11.2 The report of the Doctoral
Committee of the Governing Council shall be decisive and binding
in accordance with article 42.5 of Act 30/1992, of 26 November covering
the legal system of public administrations and common administrative
procedures, and must be issued within a period of no more than three
months from the date on which the application was presented.
11.3 The Doctoral Committee of
the Governing Council may appoint various committees of experts
for the different areas of knowledge in order to assess applications.
The committees of experts shall comprise a lecturer from each of
the centres related to the committee’s area of knowledge,
to be appointed by the Doctoral Committees of the centres from among
their members. The committees of experts may call on other expert
advisors in order to assess the applications for official recognition.
Article 12. Exceptions to the need for a report
The Rector may reach a decision on an application without the need
to request a report from the Doctoral Committee of the Governing
Council in the following circumstances:
a) When one or more of the
exclusion criteria set out in article 2 of these regulations are
met.
b) When the University of Barcelona
has previously reached a decision regarding the official recognition
of an identical foreign higher degree.
Article 13. Decision
13.1 Once the application has
been considered, and, where necessary, having interviewed the applicant,
the Rector shall decide to accept or reject the official recognition
being sought.
13.2 The period for deciding on
and informing the applicant of the decision regarding the application
is six months, as from the date on which the application was deposited
in the Registry of the University of Barcelona.
13.3 In accordance with that set
out in additional provision number 29 of Act 14/2002, of 29 December,
covering tax and administrative measures and the social order and
in Appendix 2 therein, the lack of an express decision within the
period indicated shall be regarded as a rejection of the application
for official recognition.
13.4 In challenging the Rector's
decision, which in administrative terms shall be regarded as final,
regardless of its immediate enforcement, and in accordance with
article 8 of Act 29/1998, of 13 July, which governs the jurisdiction
for suits under administrative law, interested parties may bring
administrative proceedings before the administrative courts of Barcelona.
However, interested parties may opt to file an appeal for reversal
of the decision, to be presented within one month from the day after
notification was received and before the same body that has pronounced
the decision. In this case, no suit may be brought before the administrative
courts until an express or presumptive decision has been reached
with regard to the appeal for reversal, in accordance with that
set out in articles 116 and ff. of Act 30/1992, of 26 November,
the Legal Regimen of Public Administrations and the Common Administrative
Procedure Act, modified by Act 4/1999, of 13 January.
Article 14. Documentation
14.1 The official recognition
of foreign higher degrees will be authorised through an appropriate
bilingual (Catalan and Spanish) document issued by the Rector of
the UB, in accordance with the form agreed upon by the Council for
University Coordination, and this document shall include reference
to the foreign award held by the applicant.
14.2 Prior to this document being
issued the University will report its decision to the Deputy General
Secretary for Academic Qualifications, Accreditations and Official
Recognitions of Spain's Ministry of Education and Science, in order
that the award in question may be recorded in the special section
of the national register of academic qualifications. The University
shall keep a record of the documents issued.
14.3 From the date on which it
is agreed and the corresponding document issued the official recognition
gives the foreign award the same status as the award of Doctor throughout
Spain, in accordance with current regulations.
14.4 The official recognition
of the award of Doctor does not, in any circumstances, imply the
official recognition of the foreign undergraduate degree or equivalent
academic award held by the interested party.
14.5 When official recognition
is withheld the applicant may present a new application to another
Spanish university.
14.6 The document authorising
the official recognition shall be presented to the applicant through
procedures similar to those used for other official qualifications.
Additional provision
Any doubt or dispute that arises with respect to the interpretation
of the present regulations shall be submitted to the Vice-Rector
responsible for doctorates.
Final provision
These regulations shall come into force on the same day as they
are approved by the Governing Council of the University of Barcelona.
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