LAW 7/2022, of May 12, modification of Law 1/2003




The Legal Consultant

summary

President of the Government of Catalonia

Articles 65 and 67 of the Statute provide that the laws of Catalonia are promulgated, on behalf of the king, by the president of the Generalitat. In accordance with the foregoing, I promulgate the following

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preamble

University education is considered a service for the public good and, as such, becomes a responsibility of the Administration. This service is not provided directly, but rather, as corresponds to the needs of the field, through the universities, which are autonomous public institutions and, therefore, must have their financial autonomy assured through the combination of an adequate financing system and income for the provision of the service. In Europe alone, the relationship between both components is very diverse, and it is much more so on a global scale. In Western Europe, that is the closest socioeconomic environment to Catalonia, the extremes are found in the gratuity applied in some Nordic countries and in a rate close to the real cost of studies in England. The United Kingdom is a case of coexistence of the two extremes within a common system, since, while England has the highest public price in Western Europe, Scotland has opted for full free university education. From this perspective, the adoption of a price essentially responds to the availability of public resources and the social model. In any case, the majority university price model in the latter in Western Europe is the adoption of a single price or fee for university tuition.

The central role that university education plays in the development strategy of all advanced countries means that, for social justice and also for social efficiency, it is essential to guarantee the highest levels of equity in access to university. It is guaranteed to see several components, which must always have the identification of an economic situation that is at a disadvantage in relation to the country's media.

One of the main obstacles to achieving such equity are the socioeconomic difficulties that occur in the stages prior to university studies. Therefore, any initiative that promotes measures to combat this type of situation, such as setting public prices based on social pricing, must take into account the resources that must be allocated to ensure equity in access.

The state system of general scholarships guarantees the right to free tuition for citizens with incomes below the established thresholds, common throughout the State. This system is positive, but very limited, both in terms of extension, since the poverty thresholds in Catalan society are higher than the Spanish average, so that citizens of Catalonia who have economic difficulties cannot be covered by the right to general regime scholarship because they are at income levels above the thresholds, as in intensity, because it does not adequately cover the opportunity cost, with scholarships insufficient salaries when citizens must choose to leave a job they need to be able to study academic studies.

As long as the Spanish reference is maintained in setting the thresholds for access to the general regime scholarship and the salary scholarship, it will be necessary to maintain price reductions and specific aid for the segment of the population with incomes above the general regime thresholds , but which are low in the Catalan context.

This law modifies several articles of Law 1/2003, of February 19, on universities in Catalonia, to more clearly include the right to university education and equal opportunities, and instructs the Government to articulate measures that make costs more affordable of residence, there the dining room is transported. Likewise, it indicates that the public prices of university academic services must follow a social pricing model, with reductions in the lowest income brackets that are higher than the thresholds of the general regime scholarships, and establishes that the public prices of the university academic services must be progressively reduced during the three fiscal years following the approval of the law.

Article 1 Modification of article 4 of Law 1/2003

A letter, j, is added to article 4 of Law 1/2003, of February 19, on universities in Catalonia, with the following text:

  • j) The contribution to the reduction of social and cultural inequalities and the achievement of equality between men and women, facilitating access to regulated university education and permanent professional training for all willing and capable people.

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Article 2 Addition of an article to Law 1/2003

An article, 4 bis, is added to Law 1/2003, of February 19, on universities in Catalonia, with the following text:

Article 4 bis Right to university education and equal opportunities

1. People who meet the legally established requirements have the right to study at the university, in accordance with the criteria established by the universities within the framework of their powers. Access to the various courses and degrees offered by the university will be established based on the general programming of higher education, the social demand for training and the capacity in terms of facilities and teaching staff.

2. The Government, to ensure that no one is excluded from access to the Catalan university system for economic reasons, lack of freedom, health problems or disability or any other circumstance, must carry out identical use and promote equality policies through the offer of scholarships, grants and loans to students and the development of a policy aimed at overcoming social, economic and geographical barriers.

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Article 4 Modification of article 117 of Law 1/2003

1. Section 3 of article 117 of Law 1/2003, of February 19, on universities in Catalonia, was amended to read as follows:

3. The Government is responsible for approving the public prices for education leading to official university qualifications and other legally established rights, within the framework of the powers of the Generalitat.

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2. A section, 3 bis, is added to article 117 of Law 1/2003, of February 19, on universities in Catalonia, with the following text:

3a. The public prices of university academic services must follow a social pricing model, with a reduction in the lowest income brackets that are higher than the thresholds of the general regime scholarships.

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Temporary provision Reduction of public prices for university academic services

The public prices of university academic services must be reduced progressively, during the three financial years following the approval of this law, until reaching a single price for undergraduate studies equal to or less than the lowest price set by the Decree 300/2021, of June 29, which sets the prices for academic services at the public universities of Catalonia and at the Open University of Catalonia for the 2021-2022 academic year, and a single price for master's studies equal to or less than 70% of the price fixed by the same decree. The annual reductions that are made must be accompanied by sufficient resources to assume this measure without harming economic stability or the provision of the service by the universities.

final provisions

First Budget Enabling

The economic impact that this law will eventually produce on the Generalitat's budgets takes effect upon the entry into force of the budget law corresponding to the budget year immediately after the entry into force of this law.

Second Development Regulations

The Government is authorized to dictate the necessary provisions to develop and execute this law.

Third entry into force

This law entered into force twenty days after its publication in the Official Gazette of the Generalitat de Catalunya.

Therefore, I order that all citizens to whom this Law is applicable cooperate in complying with it and that the corresponding courts and authorities enforce it.