In October 22, 2003 Assembly of Montenegro adopted Law on Higher Education, which was created in accordance with Bologna Declaration objectives.
The overall goal of the Law is to enable to higher education institutions in Montenegro maximal autonomy in activities, particularly in academic field with minimal mediation of the state, except when so is requested for the purpose of protecting public interest. Also, the aim is to enable that the mission of the University becomes to educate young people to be qualified citizens in democratic society and qualified workforce in European labor market and that this is delivered in compliance with new European standards.
In October 14, 2014 Assembly of Montenegro adopted new Law on Higher Education. The reform of higher education observing the principles of the Bologna Declaration was initiated by the Law on Higher Education, adopted in October 2003.
At the time of adopting the Law on Higher Education there was only one university in Montenegro, University of Montenegro, whereas at present there are also two private universities, nine independent private faculties and one independent public faculty. The total number of students is about 26,000, which represents a significant increase compared to the number of students ten years ago.
Taking into account the changes in legislation and the new recommendations at EU level, the adopted declarations proceeding from the ministerial conferences on higher education and the fact that Montenegro is a member of the European Higher Education Area, as well as the necessity for continuous work on improvement of quality of higher education, the need to adopt a new Law on Higher Education arose.
The new Law on Higher Education is aimed at a more precise regulation of the quality assurance process, which includes accreditation, self-evaluation and reaccreditation, conditions for establishing and discontinuing institutions and study programmes, organisation at higher education institutions, enrolment procedure and rules of studying and financing.
Law on Higher Education regulates the fundamentals of higher education, requirements for conducting the activities, types of study programmes, organisation principles of institutions conducting this activity, rights and obligations of academic staff and students, quality assurance, financing of higher education, as well as other matters significant for the performance of higher education activities.
The Law prescribes the requirements for establishing an institution which, in addition to owning a certificate on accreditation of a study programme, refer to adequate premises, academic staff and other employees, financial resources needed for establishing as well as for carrying out activities, access to institutions, etc.
Key novelties introduced by the new law relate to quality assurance and improvement of standards and procedures which allow for continuous quality control at institutions. Quality assurance includes accreditation, self-evaluation and reaccreditation. Accreditation is the procedure of evaluating the quality of a study programme and its compliance with the professional needs and adopted standards, conducted by a commission which is appointed by Higher Education Council from among the established list of experts. A more detailed procedure of accreditation of study programmes is prescribed by the Ministry, upon the proposal of the Council. The accreditation is issued for a period not longer than three years, whereas in case of study programmes taking longer than three years, accreditation is issued for a period equal to duration of that study programme.
A very important segment of quality improvement is the implementation of self-evaluation procedure concerned with the quality of study programmes, teaching and working conditions at the end of each study year. The self-evaluation procedure is conducted by the institution itself. Within the self-evaluation procedure, at least twice a year, students of all levels take the opinion poll about study programmes, teaching, conditions and work of academic staff. The results of student surveys are published on the websites of the institutions.
Within the reaccreditation procedure, the evaluation of an institution is conducted by an internationally recognised accredited agency for quality assurance. The decision on engaging the agency, upon the public call, is passed by the Ministry following the opinion of the Council. Based on the report on self-evaluation and the implemented evaluation procedure, the agency prepares the report on reaccreditation and delivers it to the Council for Higher Education, on the basis of which the Council will issue a certificate of reaccreditation. The report is delivered to the institution undergoing the reaccreditation procedure and to the Ministry.
Foreign accreditation agency performs evaluation of an institution according to their own evaluation standards for institutions or evaluation standards for institutions passed by the Council, all in line with evaluation standards for institutions within the European Higher Education Area.
The Law prescribes ranking of higher education institutions which is conducted on the basis of methodology for ranking institutions in the European Higher Education Area.
The Law prescribes that the founder of an institution is obliged to submit to the Ministry a request for licensing at least six months prior to beginning to work. In addition to the request, the founder presents the founding act and evidence of meeting the requirements prescribed by this law. The licensing procedure determines the type of institution, accredited study programmes, maximum number of students that can be enrolled to certain study programmes, levels of education and degrees to be awarded. An institution is also obliged to submit a request for licensing when performing status changes, changing the seat or premises, carrying out activities outside the seat or introducing new study programmes. Decision on licensing is passed by the Ministry, after which the institution is recorded in the Register of Higher Education Institutions kept by the Ministry.
The founder of a public institution is also obliged to present evidence from a public authority in charge of financial affairs that the financial resources in the amount required for the implementation of a study programme have been provided, whereas the founder of a private institution is obliged to submit a guarantee of a commercial bank on time-deposited financial resources in the amount necessary for the implementation of a study programme for a period of one year.
Resources required for the implementation of a study programme are calculated on the basis of cost price of education per student for a certain study programme, as well as the number of students for which the license is requested.
Before the expiry of financial guarantee and until the beginning of the following study year, a private institution is obliged to present the Ministry with evidence on financial resources provided for carrying out activities for the following study year.
The guarantee of the commercial bank will be activated in case that the founder passes a decision to cancel or terminate the work of an institution, or study programme before students complete their education according to the relevant study programme, following the request of a public authority in charge of the financial affairs.
Students represent at least 20% out of total membership in professional bodies and managing bodies.
The Law prescribes that lectures may also be organised as distance learning, whereas the exam taking is carried out at the seat of an institution. Conditions and manner of organising lectures and exam taking are prescribed by the Ministry following the opinion of the Council.
Enrolment to undergraduate academic and applied studies is conducted on a competitive basis in accordance with the results accomplished during the education for obtaining IV-1 sub-level of National Qualification Framework, results accomplished on external graduation exam, or vocational exam, performance in two subjects of third and fourth grades relevant for continuing education, and Luča diploma awarded for excellent study performance. Graduation or vocational exam account for at least 15% of total number of points obtained on the occasion of enrolment after evaluating all of the established criteria.
For enrolment to certain study programmes admission exams may be introduced.
Candidates that have not completed secondary school may be enrolled to undergraduate studies of professional-artistic study programmes at faculties and art academies provided that they pass the admission exam in accordance with the Law.
A student financed from the budget who has obtained at least 40 ECTS credits in a study year enrolled for the first time is entitled to be financed from the budget in the following year as well. A student financed from the budget who has obtained less than 40 ECTS credits in a study year enrolled for the first time can continue the studies with the status of a self-financing student. A self-financing student that passes all exams, i.e. obtains 60 ECTS, in accordance with the study programme for a certain year of studies, can be financed from the budget in the following study year provided that they rank within the total number of students whose studies are financed from the budget.
The Law prescribes that institutions can implement special development programmes in the area of higher education as part of lifelong learning, so as to obtain a professional qualification or a part of professional qualification. To a person that completes the development programme, the institution will issue a relevant credential, in accordance with a special law.
An institution is financed from the resources of the founder, tuition fees and other fees paid by students, providing intellectual and other types of services, donations, gifts and legacies, property income (lease), projects and contracts with national, international, public or private entities for the purpose of promoting teaching, research and consulting activities. The founder provides resources to a public institution for operational costs, current and investment maintenance, earnings of employees in accordance with law and collective agreement, equipment and library fund, renewal of science and research, as well as artistic work, which is in the function of raising the quality of teaching, scientific and professional development of employees, data bases and information system, work of Student Parliament and extracurricular activities of students, provision of equal conditions of studying for all students (unrestricted access, stay and work) and other purposes in accordance with law.
The amount of resources required for financing state-founded institutions, as well as students at those institutions for each study year, are determined by the Government following the opinion of the Council, based on norms and standards for financing public institutions. The Government determines the number of students to be funded from the budget of Montenegro for a certain study programme, in accordance with the number defined in the licence of the public institution, following the proposal of the governing body of that state-founded institution.
The Government, following the opinion of the Council, determines the number of students and the amount of resources for financing students at study programmes of public interest at private institutions for each study year, on the basis of specially prescribed criteria for determining programmes of public interest.
The amount of resources is determined on the basis of norms and standards for financing study programmes of public interest at private institutions, passed by the Government.
For persons, i.e. students with disabilities the principle of affirmative action is applied on the occasion of enrolment into higher education institutions and are exempt from paying tuition fee.
In accordance with recommendations from the bilateral and explanatory meeting for Chapter 26 Education and Culture, which has been temporarily closed, and Action Plan for Negotiation Chapter 23 – Judiciary and Fundamental Rights, measure 3.10.2.6, i.e. recommendation to ensure further registration of displaced persons as well as their equal access to economic and social rights, foreigners are entitled to enrol into study programmes in Montenegro under equal conditions as Montenegrin nationals, in accordance with this law and statute of an institution.
The Law prescribes that an institution is obliged to carry out research of labour market by conducting a survey among graduate students, employers’ association, legal entities, entrepreneurs concerning the applicability of acquired knowledge, skills and competences required by labour market and to publish the results of survey on their website.
In addition, the Law prescribes protection against plagiarism according to which any professional, scientific or artistic work identified by a competent body as plagiarism will be considered as null, along with awards, degrees and titles that a person using plagiarism has obtained on the basis of such work.
Also, Strategy on the Development and Financing of Higher Education, adopted in April 2011, proposes new approaches to funding and quality assurance, to ensure a level playing field for public and private providers in terms of accessing student enrollments and research opportunities.
Higher education institutions are recognized as creators of both human capital and knowledge, both of which underpin any modern economy. With Montenegro focused on EU accession, it is imperative that the outputs of its higher education institutions, including universities and research institutes are of the best quality, are provided efficiently, and are aligned with the labor market and local/regional industry. Only then they can serve as the necessary foundation for innovation and competitiveness.