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Tallinn University of Technology Act

Passed 04.06.2014

Amended by the following legal instruments (show)

§ 1.  Scope of application of Act

 (1) This Act provides for the autonomy of Tallinn University of Technology and the specifications for the bases and organisation of the activities of the University as compared to other universities in public law.

 (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 of Technology

 (1) Tallinn University of Technology (hereinafter the University) was founded on 17 September 1918 as an educational institution of higher technical education.

 (2) The University is a legal person in public law which operates pursuant to this Act, the Universities Act, its statutes and other legislation.

 (3) The University is a universal integrated research, development, educational and cultural institution. The mission of the University is to contribute to the sustainable development of the society and the growth of the nation’s welfare by international high-level research, development and education and the innovative services based thereon.

 (4) In order to achieve the mission specified in subsection (3) of this section, the University shall:
 1) provide the possibilities for the acquisition of higher education based on the development of science and technology on all the levels of higher education in engineering sciences, natural sciences and social sciences;
 2) be the leading university of engineering education and science in Estonia and be responsible for ensuring the offspring of engineers and engineering scientists.

 (5) The University cooperates with other universities and the entire society by supporting the development of the Estonian society, by creating and developing possibilities based on integrated instruction and research for international cooperation and lifelong learning and by helping students become responsible citizens who are able to demonstrate initiative.

§ 3.  Directing bodies of the University

  The directing bodies of the University are the Board of Governors, the Council and the Rector.

§ 4.  Board of Governors

 (1) The highest decision-making body of the University is the Board of Governors which shall be responsible for the development of the University and ensure the achievement of objectives of the University.

 (2) The Board of Governors shall be composed of eleven members of whom:
 1) five members shall be appointed by the Council pursuant to the procedure provided for in the statutes of the University;
 2) one member shall be appointed by the Estonian Academy of Sciences from among persons who are not the employees of the University;
 3) five members shall be appointed by the Minister of Education and Research after the Council and the Estonian Academy of Sciences have appointed its members and based on the requirement that the majority of the persons appointed by the Minister of Education and Research would be the representatives of undertakings or professional associations of production and that the majority of the membership of the Board of Governors would be persons who are not the employees of the University.

 (3) The membership of the Board of Governors shall be approved for five years with an order by the Government of the Republic on the proposal of the Minister of Education and Research.

 (4) The Board of Governors:
 1) adopts and approves the statutes of the University if the Council has not used the right of veto specified in clause 5 (3) 9) of this Act within two months after the adoption of the statutes;
 2) approves the development plan of the University;
 3) approves the financial plan of the University and the budget of the University based thereon;
 4) approves the report on the execution of the budget of the University and the annual report;
 5) gives an assessment to the implementation of the contract under public law pursuant to subsection 50¹ (4) of the Universities Act;
[RT I, 20.12.2016, 1 - entry into force 01.01.2017]
 6) elects the Rector and authorises him or her to office if the Council has not used the right of veto specified in clause 5 (3) 10) of this Act within one month after the election of the Rector;
 7) may express no confidence in the Rector and release him or her from office before the expiration of the term of contract, having heard the opinion of the Council first;
 8) appoints the auditor;
 9) decides on the taking of loans in the name of the University on the proposal of the Rector;
 10) decides on the principles for the acquisition, encumbrance with limited real right and transfer of assets of the University;
 11) performs the functions of the council of a university specified in subsection 46 (2) of the Universities Act;
 12) organises a discussion with the Council on the main subjects related to the development of the University once a year;
 13) may order analyses and organise reviews in order to inspect the activity of the University;
 14) submits proposals to the Minister of Education and Research and the Government of the Republic on strategic and principal issues concerning the development of the University;
 15) elects the chairman of the Board of Governors from among its members;
 16) establishes the internal rules of the Board of Governors and the division of tasks of the members of the Board of Governors;
 17) performs other functions imposed thereon with the law or statutes of the University.

 (5) The Board of Governors issues regulations and adopts resolutions within its competence.

 (6) A meeting of the Board of Governors has quorum if at least two-thirds of the members of the Board of Governors participate in the meeting. The regulations and resolutions of the Board of Governors shall be adopted by the simple majority of votes of the membership, except in case of issues specified in clauses (4) 1)–4), 6), 7), 9), 10) and 14) of this section which shall be decided by a two-third majority of votes of the membership of the Board of Governors.

 (7) The regulations and resolutions of the Board of Governors enter into force upon signing unless a later term has been established therein.

 (8) The preparation of issues within the competence of the Board of Governors shall be organised by the Rector and the University units appointed thereby, unless decided otherwise by the Board of Governors.

§ 5.  Council

 (1) The academic decision-making body of the University is the Council which shall be responsible for the education, research and development activities of the University and ensure the high quality thereof.

 (2) The conditions of and procedure for the formation of the Council and the bases of activities shall be provided for in the statues of the University. The membership of the Council shall include:
 1) the Rector who is the chairman of the Council;
 2) the Vice Rectors;
 3) deans;
 4) heads of the institutions of the University;
 5) the previous Rector;
 6) the representatives of teaching staff of faculties and research staff;
 7) the representative of administrative and support structure staff;
 8) the representatives of students who shall form at least one-fifth of the membership of the Council.

 (3) The Council:
 1) submits the draft statutes of the University for adoption to the Board of Governors and the draft development plan and draft report on the execution of the budget for approval;
 2) makes a proposal to the Board of Governors for the approval of the financial plan specified in clause 4 (4) 3) of this Act;
 3) submits the budget of the University to the Board of Governors for approval based on the financial plan specified in clause 4 (4) 3) of this Act;
 4) decides on the opening, amendment and closing of curricula and approves the curricula;
 5) decides on the opening of joint curriculum, approves the joint curriculum and the conclusion of the joint curriculum cooperation contract;
 6) performs the functions of the research council arising from the Research and Development Organisation Act, unless this Act or other legislation provides differently;
 7) submits an opinion concerning the Rector candidates to the Board of Governors;
 8) submits an opinion concerning the release from office of a Rector before the expiry of the term of contract to the Board of Governors;
 9) may impose a single suspensive veto on the statutes and the amendments thereof adopted by the Board of Governors;
 10) may impose a veto on the Rector elected by the Board of Governors after which the Board of Governors may not authorise the same person as a Rector in the same elections nor elect the person as a Rector in the immediately consecutive elections;
 11) may make a proposal to the Board of Governors to release the Rector from office before the expiration of the term of contract;
 12) performs the functions of a council of a university specified in subsections 13² (1) – (1²), subsection 13³ (4), clauses 14 (3) 2), 4¹), 5)–8), 11)–15 and 17), subsections 19 (2), (3¹) and (3²), subsections 22 (8), (9¹) and (11), subsection 22³ (4), subsection 23 (1), subsection 27 (5), subsection 28 (5), subsection 29 (3¹), subsection 29¹ (3), subsection 30¹ (1), subsection 32 (2), subsections 34 (2), (5) and (6), subsection 35 (3), subsection 36 (2), subsections 39 (2) and (3), clauses 42 (1) 1) and 8) and subsection 43 (4) of the Universities Act;
 13) performs other functions imposed thereon with the law or statutes of the University.

 (4) The Council issues regulations and adopts resolutions within its competence.

 (5) A meeting of the Council has quorum if more than half of the members of the Council participate in the meeting. The regulations and resolutions of the Council shall be adopted by the simple majority of votes of the membership, unless provided otherwise in this Act or the statutes. The resolutions specified in clauses (3) 9), 10) and 11) of this section shall be adopted by a two-third majority of votes of the membership of the Council.

 (6) The regulations and resolutions of the Council enter into force upon signing unless a later term has been specified therein.

§ 6.  Rector

 (1) The Rector directs the activities of the University. The Rector is responsible for the general state and development of the University as well as for the lawful and expedient use of financial resources and exercises the highest administrative authority within his or her competence.

 (2) The Rector shall be elected by the Board of Governors for up to five years and for the maximum of two consecutive terms of office pursuant to the procedure provided for in the statutes of the University. A person who is or has been elected to the position of a professor of any university may run as a candidate for the position of a Rector. The chairman of the Board of Governors shall enter into a contract with the Rector for up to five years, setting 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 Board of Governors and the Council.

 (3) The Rector:
 1) ensures the implementation of the regulations and resolutions of the Board of Governors and the Council;
 2) is accountable to the Board of Governors and the Council according to the competence thereof;
 3) may impose a single veto on a regulation or resolution of the Council;
 4) ensures that the draft statutes, development plan, financial plan and budget are drawn;
 5) ensures the implementation of the budget of the University and submits a report thereon to the Board of Governors and the Council;
 6) represents the University and makes transactions on behalf of the University within the limit of authority granted by the law and statutes of the University;
 7) decides on the acquisition, encumbrance with limited real right and transfer of assets of the University based on the principles established by the Board of Governors;
 8) may, for the term of his or her authority, appoint to office Vice Rectors who shall direct the areas of activity determined by the Rector and whose competence shall be provided for in the statutes of the University and in the legislation established on the basis thereof;
 9) performs the functions of a council of a university specified in clause 14 (3) 2) and subsection 19 (2) of the Universities Act and which involve the University’s administrative and support structure, and the functions of a council of a university specified in subsection 45 (2) of the Universities Act;
 10) appoints, for the time of his or her absence, a substitute who has all the rights and obligations of the Rector except for the rights and obligations the transfer of which to the substitute is prohibited with the statutes of the University;
 11) decides on other issues placed within his or her competence by the Board of Governors or the Council or which have been assigned by the law or statutes of the University.

 (4) The Rector issues directives and orders within the limits of his or her competence.

 (5) An issue lies within the competence of the Rector if a competent body has not been determined in case of issues placed within the competence of the University by law and the Board of Governors does not decide to resolve the issue itself or send it for resolving to the Council.

 (6) The authority of a Rector shall terminate on the date of expiry of the term of his or her contract, on the date of resigning from office at his or her own request or on the date of his or her release from office prior to expiry of the term of the contract.

 (7) Upon the termination of his or her authority, the Rector has the right to return to the position he or she occupied in the University prior to his or her election as Rector.

 (8) If a Rector is released from office prior to expiry of the term of the contract or if a new Rector has not been elected by the end of his or her term of office or if the performance of his or her functions turns out to be permanently impossible, the Board of Governors shall approve an acting Rector for up to one year or until the election of a new Rector. The chairman of the Board of Governors shall enter into a contract with the acting Rector.

§ 7.  Preservation of cultural heritage and provision of public services

 (1) For the performance of the function arising from subsections 2 (3) and (4) of this Act, the University shall preserve and develop the buildings belonging among cultural heritage as well as the collections and archives containing works of academic and historical value and shall also provide public services to the society through the library, museum, technology school, certification body and other units.

 (2) The activity of the units specified in subsection (1) of this section shall be supported from the state budget on equal grounds with other respective bodies.

§ 8.  Assets of University

 (1) The University is the owner of its assets.

 (2) The University shall acquire and transfer assets on the basis of law pursuant to the procedure prescribed by its statutes. Assets of the University can be acquired, encumbered with limited real right or transferred pursuant to the principles established by the Board of Governors.

 (3) The University shall have the right, with the resolution of the Board of Governors, to secure the obligations of legal persons founded for the performance of functions of the University specified in the statutes and to grant loans thereto on the account of own revenue. The total amount of such obligations may not be more than ten per cent of the own revenue of the University for the budget year.

§ 9.  Financing

 (1) The activities of the University shall be financed from the state budget and on the same bases as other universities in public law. The activities of the University shall also be financed from the funds received from the reimbursement of study costs and funds received from the provision of fee-charging services related to the main activity of the University, research and development and from other sources.

 (2) The research and development activities of the University shall be financed pursuant to the Research and Development Organisation Act.

 (3) For the performance of the public functions specified in clause 2 (4) 2) of this Act, the University shall establish professorships engaged in the instruction, research and development of engineering, the list of which shall be agreed upon in the contract under public law arising from subsection 50¹ (4) of the Universities Act.
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 (4) The research and development of the University shall be evaluated in the fields of research being the bases for professorships specified in subsection (3) of this section pursuant to the procedure specified in section 20² of the Research and Development Organisation Act at least once in every five years.

§ 10.  Transitional provisions

 (1) The authority of the Board of Governors formed on the basis of the Universities Act shall terminate on 31 December 2014.

 (2) The first membership of the Board of Governors to be formed on the basis of this Act shall be approved by an order of the Government of the Republic and the authority of the first membership of the Board of Governors shall commence on 1 January 2015. The Estonian Academy of Sciences and the Tallinn University of Technology shall submit the membership of the Board of Governors to be founded to the Minister of Education and Research no later than by 1 October 2014.

 (3) The authority of the Council formed on the basis of the Universities Act shall terminate on 31 December 2014.

 (4) The first membership of the Council to be formed on the basis of this Act shall be elected no later than on 1 December 2014 and the authority of the first membership of the Council shall commence on 1 January 2015. The Council formed on the basis of the Universities Act shall adopt the conditions of and procedure for the election of the first membership of the Council by 1 October 2014.

 (5) The employment contract entered into with the Rector in office at the time of entry into force of this Act and his or her authority shall be valid until the expiry of the term specified in the employment contract or until release from office before the expiration of the term of the contract and the contract specified in subsection 6 (2) of this Act shall not be entered into with him or her.

 (6) The statutes of the University and other legislation shall be brought into conformity with this Act by 1 January 2015.

§ 11. – § 13. Amendment provisions of other Acts omitted from this translation

§ 14.  Entry into force of Act

  This Act enters into force on 1 September 2014.