International Legal Instruments

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Presentation transcript:

Gunnar Vaht Gunnar.vaht@archimedes.ee Baku, 2017 International Legal Instruments. Lisbon Recognition Convention and Best Practices in Europe Gunnar Vaht Gunnar.vaht@archimedes.ee Baku, 2017

Convention Convention on the Recognition of Qualifications concerning Higher Education in the European Region (The Lisbon Convention), 1997 - Council of Europe and UNESCO 53 ratifications/accessions

Implementation mechanisms The following bodies shall oversee, promote and facilitate the implementation of the Lisbon Recognition Convention (LRC): The Committee of the LRC The ENIC Network

The Function of the LRC Committee promote the application of the LRC Adoption of subsidiary texts (recommendations; declarations, protocols, models of good practice; or other instruments) to guide the competent national authorities in the implementation of the LRC at national level oversee its implementation Monitoring and other forms

Some key concepts Applicants are entitled to a fair recognition of their qualifications Reasonable time limit Transparent, coherent and reliable procedures Right to appeal Recognition unless substantial differences can be shown Importance of information Recognition information centres (national ENIC) Implementation mechanisms

Subsidiary documents adopted by the LRC Committee Adopted to guide the competent national authorities in the implementation of the LRC at national level Recommendation on Criteria and Procedures for the Assessment of Foreign Qualifications (2001; revised 2010) Recommendation on the Use of Qualifications Frameworks in the Recognition of Foreign Qualifications (2013) Code of Good Practice in the Provision of Transnational Education (2001; revised 2007) Recommendation on the Recognition of Joint Degrees (2004, revised 2016) Recommendation on International Access Qualifications (1999)

Provisions and implementation Access to an assessment Holders of qualifications shall have adequate access, upon request to the appropriate body, to an assessment of these qualifications. Implementation – regulated at national level - nomination of assessment authorities - individual rights - assessment on a non-discriminatory basis

Provisions and implementation Criteria and procedure Each Party shall ensure that the procedures and criteria used in the assessment and recognition of qualifications are transparent, coherent and reliable. Implementation – regulated at national level - general standard list of assessment criteria - adequate expertise and transparent procedure

Provisions and implementation Time limit Decision on recognition shall be made within a reasonable time limit specified beforehand by the competent recognition authority. If recognition is withheld, the reason for the refusal to grant recognition shall be stated. Implementation – regulated at national level - what is „reasonable time limit“ - authorities are encouraged to make it public

Provisions and implementation Right to appeal If recognition is withheld, or if no decision is taken, the applicant shall be able to make an appeal within a reasonable time limit. Implementation – regulated at national level - clear and public information about the procedure on how and to whom appeal - institutional regulations

Provisions and implementation Information on education system Each Party shall ensure, in order to facilitate the recognition of qualifications, that adequate and clear information on its educational system is provided. Implementation – - information on education system is available on the website of a national authority (MoE; national ENIC or QA) - relevant for recognition authorities abroad - in a widely used language (in English)

Provisions and implementation Information on higher education institutions Each Party shall provide adequate information on any institution belonging to its higher education system, and on any programme operated by these institutions. Implementation – - list of recognised HEIs is available on the website of a national authority (MoE; national ENIC or QA) - list or link of recognised/accredited programmes - list of closed recognised HEIs and programmes

Provisions and implementation National Information Centre Each Party shall establish or maintain a national information centre. The national information centre shall facilitate access to information on the higher education systems and qualifications of the other Parties. Implementation – established in accordance to a national regulation. The tasks of the centre are regulated. - information provision to competent authorities - information provision upon requests by the authorities and individuals abroad

Provisions and implementation Refugees´ qualifications Each Party shall take all feasible and reasonable steps to assess fairly and expeditiously whether refugees, displaced persons and persons in a refugee-like situation fulfil the relevant requirements even in cases in which the qualifications obtained cannot be proven through documentary evidence. Implementation – clear and transparent regulations - procedures (background paper or any other procedures for recognition without full documentations)

Thank you!