Tallinn University Act
Passed 20.02.2019
§ 1. Scope of application
(1) This Act provides for the legal status, mission and functions, bases for activities and management bodies of Tallinn University.
(2) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
§ 2. Legal status, mission and functions of Tallinn University
(1) Tallinn University (hereinafter the University) carries the continuity of academic activities of Tallinn Teachers’ Seminar founded in 1919 and the institutions having joined with the University.
(2) The University is a legal person in public law which operates pursuant to this Act, the Higher Education Act, its statutes and other legislation.
(3) The University is an innovative and integrated research and development, creative, educational and cultural institution where instruction is provided in all levels of higher education. The mission of the University is to support the sustainable development of Estonia by high-level interdisciplinary and international academic activity.
(4) In order to achieve the mission specified in subsection (3) of this section, the University shall:
1) promote, above all, educational, natural and social sciences, humanities and arts, assist the development of a healthy and sustainable living environment and develop digital competencies based on the needs of the society;
2) promote teacher training and educational sciences as the carrier of continuity of teacher education and contribute to educational innovations;
3) promote the sciences that study Estonia and education in Estonian in order to preserve and develop Estonian language and culture, and preserve national cultural heritage;
4) develop its students into responsible, enterprising citizens and intellectuals capable of taking initiative and who are willing to contribute to the introduction of a way of life based on knowledge, who create significant added value for the society with their activity and who participate in social exchange of views;
5) develop national and international cooperation and the opportunities of lifelong education and provide necessary services to the society.
§ 3. Management of University
The University shall be directed by the Council, Senate and the Rector.
§ 4. Council
(1) The Council is the management body of the University, which shall be responsible for the long-term and sustainable development of the University as well as for making important economic, financial and assets-related decisions, ensuring the achievement of objectives of the University.
(2) The Council shall be composed of eleven members of whom:
1) five members shall be appointed by the Senate pursuant to the procedure provided for in the statutes of the University;
2) one member shall be appointed by the Estonian Academy of Sciences;
3) five members shall be appointed by the minister responsible for the area from among persons who have the necessary knowledge in the areas of activity of the University, economy or entrepreneurship to perform the duties of a member of the Council and to associate the University with the society and who have flawless reputation.
(3) A person may be appointed to the Council only on one basis specified in subsection (2) of this section. The President, Vice President or Secretary General of the Estonian Academy of Sciences, the minister or chancellor responsible for the area, an employee of the University or a member of another management body of an Estonian university cannot be a member of the Council appointed pursuant to subsection (2) 2) or 3) of this section.
(4) The membership of the Council shall be appointed for five years by an order of the Government of the Republic on the proposal of the minister responsible for the area.
(5) The authority, management body or person having appointed a member of the Council may, in a justified case, remove the member appointed thereby before the expiry of his or her authority. Upon removal or resignation at own request of a member of the Council, a new member of the Council shall be immediately appointed instead him or her for the time remaining until expiry of authority of the substituted member of the Council.
(6) The Council shall:
1) adopt the development plan of the University;
2) adopt the budget of the University;
3) have the right to impose a single veto on the Senate’s resolution to adopt the statutes;
4) adopt the financial plan, budget implementation report and the annual report of the University;
5) decide on the acquisition and transfer of immovable property and encumbering thereof with a restricted real right and obtaining loans to the University;
6) perform other functions assigned thereto with the law or statutes of the University.
(7) If the Council exercises the right of veto provided for in clause (6) 3) of this section, adoption of the statutes shall not become effective and after going through the procedure provided for in the statutes of the University, the Senate shall make a final decision on the adoption of the statutes.
§ 5. Senate
(1) The Senate is the academic decision-making body of the University, which shall be responsible for the research, development, creative and educational activities of the University and ensure the high quality thereof.
(2) The membership of the Senate shall include:
1) the Rector who is the chairman of the Senate;
2) Vice Rectors;
3) representatives of students who shall form at least one-fifth of the membership of the Senate;
4) other persons specified in the statutes.
(3) The conditions of and procedure for the formation of the Senate shall be provided for in the statutes of the University.
(4) The Senate shall:
1) adopt the statutes of the University;
2) have the right to impose a single veto on the Council’s resolution to adopt the development plan or budget if at least two-thirds of the membership of the Senate are in favour of the veto;
3) make important decisions relating to education, research, development and creative activity and establish the legislation of the area according to the statutes of the University;
4) perform other functions assigned thereto with the law or statutes of the University.
(5) If the Senate exercises the right of veto provided for in clause (4) 2) of this section, the resolution to adopt the development plan or budget shall not become effective and after going through the procedure provided for in the statutes of the University, the Council shall make a final decision on the adoption of the development plan or statutes.
§ 6. Rector
(1) The Rector is the legal representative of the University, who directs the everyday activity of the University based on the development plan, budget and other strategic documents of the University.
(2) The Rector shall:
1) represent the University and perform transactions on behalf of the University and authorise other persons therefor, if necessary;
2) be responsible for the general condition and development of the University, implementation of the budget and legal and expedient use of financial resources;
3) ensure the implementation of regulations and resolutions of the Council and the Senate;
4) have a single right of veto regarding the regulations and resolutions of the Council and the Senate;
5) ensure the preparation of the draft statutes, development plan, financial plan and budget of the University;
6) have a reporting obligation to the Council and the Senate;
7) determine the number and area of activity of Vice Rectors and enter into employment contracts therewith for up to five years;
8) perform other functions assigned thereto with the statutes of the University and other legislation and decide on issues relating to the activity of the University which have not been placed within the competence of the Council or the Senate.
(3) A Rector shall be elected by an electoral body for up to five years pursuant to the procedure provided for in the statutes of the University. The members of the Council and the Senate and other persons specified in the statutes of the University shall be the members of the electoral body.
(4) A person who is or has been elected to the position of a professor may run as a candidate for the position of a Rector of the University.
(5) The chairman of the Council shall enter into a contract with the Rector, which sets out the rights and obligations of the Rector, the remuneration payable to the Rector and other conditions necessary for the activity. The provisions of the Law of Obligations Act concerning the authorisation agreement shall be applied to the contract. The Rector assumes office by taking an oath of office in front of the Council and the Senate.
(6) The Council and the Senate shall have the right to make an expression of no confidence to the Rector and the Rector shall be released from office before the term of expiry of the contract if two-thirds of the memberships of both bodies are in favour of such resolution.
(7) The authority of a Rector shall terminate on the date of expiry of the term of his or her contract, upon resigning from office at his or her own request or upon release from office prior to expiry of the term of the contract pursuant to the procedure provided for in the statutes.
(8) If the authority of the Rector expires and a new Rector has not been elected by the term of expiration of authority, the Council shall appoint an acting Rector for up to one year until the election of a new Rector. The provisions of subsection (5) of this section shall be applied to a contract entered into with an acting Rector.
(9) An employee of the University who has been elected as Rector shall have the right, after expiration of the authority of a Rector, to continue working in an equal position where he or she previously worked in the University.
§ 7. Legislation of management bodies of University
(1) The Council issues regulations and adopts resolutions within its competence.
(2) The Senate issues regulations and adopts resolutions within its competence.
(3) The Rector issues directives and orders within its competence.
§ 8. Assets and financing of University
(1) The University is the owner of its assets and has the right to possess, use and dispose of its assets pursuant to the procedure prescribed by this Act and the statutes of the University, ensuring the purposeful, expedient, economic and prudent use of the assets.
(2) The University shall acquire and use its assets for the activities and to achieve the objectives of the University and shall transfer assets which are not necessary for achieving the above, ensuring the compliance of the transactions with the legislation, transparency and possibility of verification.
(3) In order to safeguard cultural heritage and to perform its functions, the University shall develop, preserve and supplement collections and archives of academic and historic value, ensuring free access thereto for the purposes of research and education, and provide other public services to the society through the library and other units.
(4) The University shall possess, use and dispose of its assets, taking account of the following restrictions:
1) immovable property may be acquired, transferred or encumbered with a restricted real right with the decision of the Council of the University and on the conditions and pursuant to the procedure established by the Council;
2) the University shall not have the right to guarantee the obligations of other parties with its assets or to grant loans, except for in the case provided for in clause 5) of this section;
3) for the performance of its functions arising from the statutes, the University shall have the right to establish legal persons in private law, who shall not have the right to establish private schools or research and development institutions in private law;
4) the University shall not have the right to grant sponsor supports;
5) the University shall have the right, with the resolution of the Council, to guarantee the obligations of legal persons founded for the performance of functions of the University arising from the statutes and to grant loans thereto on the account of own revenue, taking into account that the total amount of obligations may not be more than ten per cent of the own revenue of the University for the budget year.
(5) The activities of the University shall be financed from the state budget on the same bases as public universities, and also from funds received from the compensation of study expenses and provision of paid services arising from the principal activity of the University and from other sources.
§ 9. Transitional provisions
(1) The authority of the Advisory Board of the University shall terminate on 31 December 2019.
(2) The Council of the University formed pursuant to the Universities Act and the Estonian Academy of Sciences shall present the members of the Council to be formed pursuant to this Act to the minister responsible for the area by 1 October 2019 at the latest.
(3) The first membership of the Council to be formed pursuant to this Act shall be determined by an order of the Government of the Republic, taking into account that the authority of the Council shall commence on 1 January 2020.
(4) The Council of the University formed pursuant to the Universities Act shall perform the functions assigned to the Senate with this Act as of 1 January 2020. The authority of the Council of the University formed pursuant to the Universities Act shall be valid until the formation of the Senate specified in this Act but not for longer than until 31 August 2020.
(5) The management bodies of the University formed pursuant to the Universities Act shall perform the functions assigned thereto with the Universities Act until 31 December 2019.
(6) The statutes and other legislation of the University shall be brought into conformity with this Act by 1 March 2020 at the latest.
(7) The authority of the Rector of the University elected before entry into force of this Act shall be valid until the expiration of authority.
§ 10. Entry into force of Act
This Act enters into force on 1 September 2019.
Eiki Nestor
President of the Riigikogu
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