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Romania

Cadru didactic în învăţământul superior (funcţii didactice: asistent universitar, lector universitar/şef de lucrări, conferenţiar universitar, profesor universitar) (Romania)


  • Proportionality information

    1. Have you examined whether the requirements under your national legal system are
    directly or indirectly discriminatory on the basis of nationality or residence?
       We have examined whether the requirements under Romanian legal system are directly or indirectly discriminatory on the basis of nationality or residence. Romanian legal system does not discriminate, directly or indirectly, on the basis of nationality or residence. According to of the Law 1/2011 of education, any person that has Romanian citizenship, or the citizenship of a European Union Member State, of a state of the European Economic Area, or of the Swiss Confederation, can be a university teacher (teaching functions/positions: assistant professor, lecturer, associate professor, university professor), provided that also the other legal conditions are met.

    2. Which of the following overriding reasons relating to the general interest justifies the measure(s)?
         
    • Public policy

    3. What specific risks or benefits have you identified that your measure(s) is designed to, respectively, minimise or maximise?

       Please try to be specific in describing the nature of the risks/benefits you have identified
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       The risk of not recognizing the profession of teacher in higher education.The benefit of having valuable teachers in higher education recognized through a unitary methodology.

    4. How specifically do your measures operate to minimise the risk(s) or maximise the benefit(s) identified in question 3?

       When addressing this question please try to explain how the measures prevent the risks or guarantee the benefits.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       Implementing of the legal provisions issued by the Minister Order no. 3,240 of 15 February 2010 on the regulation of the recognition of teaching positions in higher education obtained in a higher education institution accredited in a Member State of the European Union, the European Economic Area and the Swiss Confederation, published in Official Journal no. 127 of 24 February 2010 - http://legislatie.just.ro/Public/DetaliiDocument/116541

    5. In so far as you are able, please provide information that you have gathered regarding the concrete effects of the measure(s).

       For example, through impact assessments or information gathered during implementation or review of a measure. Member States who have recently undergone reforms may in particular be able to contribute helpfully to this field. Where you are able to provide cost-benefit analyses this would be particularly valuable.
       Information on whether the measures indeed successfully prevented risks from being realised (e.g. the number of sanctions imposed, a drop in transgressions since the measure was introduced or consequences from previous modifications of the regulation) would equally be helpful.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. You may also wish to include evidence on consumer satisfaction or other measurements of the impact.

        Following the analysis of the effects of the implementation of current legislation, ie Education Minister Order no. 3,240/2010, given that from 2011 there is a new law on education, Law no.1 / 2011, consolidated, more and more has been highlighted the need to involve directly the universities into the application of the recognition procedure. As a result, it was proposed to develop a new methodology to contribute to the decentralization of the process of recognition of higher education teaching functions.

    6. Is the general interest objective you indicated in question 2 pursued in a consistent and systematic manner?.

       In approaching your response to this question please consider examples where you have addressed similar risks for comparable professions, not necessarily within the same sector. Is the approach you have adopted in this particular profession comparable or distinct from such similar cases and why?

       It should be comparable to the teaching profession of the pre university education, the difference being the level of decentralization and university autonomy.

    7. Please explain in how far the degree of complexity or the nature of the activities
    which are reserved justify that these activities can be exclusively performed by professionals possessing a specific professional qualification?

       For example: when the tasks are essentially of a straightforward nature (such as preparing and printing pay slips etc.), or involve essentially the execution of instructions, specific professional aptitudes should not be required.

       The are no reserved activities, as are provisioned by the article 287 of the National Education Law no. 1/2011, as amended and supplemented     (1) The university norm comprises:     a) didactic norm;     b) the research norm.     (2) The didactic activity may include:     a) teaching activities;     b) seminar, practical and laboratory work, project guidance;     c) guiding the elaboration of the license paper;     d) guide the development of master dissertations;     e) guiding the elaboration of PhD thesis;     f) other didactic, practical and scientific research activities included in the curricula;     g) conducting didactic-artistic or sports activities;     h) evaluation activities;     i) tutorials, consultations, guidance of students' scientific activities, students within the transferable credit system;     j) participation in councils and committees in the interest of education.

    8. Where you have indicated several measures in place in the screening tab,
    have you reviewed the cumulative effect of all these measures on professional activities?

       If not, why not?
       If yes, please outline for us how you approached assessing this issue as well as the results and conclusions or any learning you drew from this. Where possible please include evidence.

       There are no other measures.

    9. Have you considered the use of alternative mechanisms to achieve your objective(s)?
         
    • Other, please specify

       Please briefly explain. Where you have selected more than one option, please be sure to address each of these in your response.

       The upgrade of the legal provisions to involve directly the HEIs in the process of recognition.

    10. Conclusion

       Following your internal examination of this regulated profession, which of the following have you concluded?

    •    Improve current system (simplify guidance, remove burdensome aspects etc.)

       Explain where relevant:

       The upgrade of the legal provisions such as to involve directly the HEIs in the process of recognition, for increasing their autonomy and efficiency, and for the simplification of the procedures for recognition. 

    11. Any other comments?
       No.
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