03 - Portugal - Specific legislative framework
The Education Act (Law No. 46/86 14th of October, later with certain articles amended by Laws No.
115/97 19th of September and 49/05, 30th of August, the latter republished and renumbered in annex)
established the general framework of the educational system:
1. Law No. 108/88, 24th of September, covers the scheme for university autonomy;
2. Law No. 54/90, 5th of September, defines the Statutes and autonomy of schools and colleges for
ensino superior politécnico, amended by Laws No. 20/92, 14th of August, and No. 71/93, 26th of
November and by Decree-Law No. 24/94, 27th of January;
3. Decree-Law No. 16/94, 22nd of January, (later amended in some aspects by Law No. 37/94,
11th of November, and Decree-Law No. 94/99, 23rd of March), approves the Statutes of private
and co-operative higher education;
4. Decree-Law No. 296-A/98, 25th of September, lays down the conditions for entry to higher
education, amended by Decree-Law No. 99/99, 30th of May, Decree-Law No. 26/03, 7th of
February, Decree-Law No. 76/04, 27th of March, Decree-Law No. 158/04, 30th of June and
Decree-Law No. 147-A/06, 31st of July;
5. Decree-Law No. 64/06, 21st of March, that regulates the specially adapted tests that assess a
student’s capacity to enter higher education for those over 23, foreseen in n. 5 of article 12 of
Law No. 46/86, 14th of October;
6. Law No. 37/03, 22nd of August, that establishes the funding basis for higher education, some
articles later amended by Law No. 49/05, 30th of August;
7. Decree-Law No. 448/79, 13th of November, amended by Law No. 19/80, 16th of July, approves
the legal statute of the university teaching career, amended by Decree-Law No. 381/85, 27th of
September, Decree-Law No. 370/86, 4th of November, Decree-Law No. 392/86, 22nd of
November, and Decree-Law No. 145/87, 24th of March;
8. Decree-Law No. 185/81, 1st of July, approves the legal statute of the ensino superior politécnico
teaching career;
9. Law No. 38/94, 21st of November, Law of Assessment System in Higher education amended by
No. 1/03, 6th of January;
10. Law No. 1/03, 6th of January, that approves the Legal Regime for the Development and Quality
of Higher Education;
11. Order No. 484/06, 9th of January, which establishes the international assessment of the higher
education system;
12. Decree-Law No. 205/98, 11th of July, that creates the National Higher Education Assessment
Council and establishes the general rules necessary for the achievement of the higher education
assessment and monitoring system and the principles that constitutions of the representative
bodies of public and private university and polytechnic higher education institutions must obey;
Decree-Law No. 42/05, 22nd of February, which approves the regulating principles of
instruments for the creation of European higher education;
13. Decree-Law No. 67/05, 15th of March, which regulates the Portuguese State’s recognition of
academic degrees awarded by those passing a "Erasmus Mundus" course and its certification;
Decree-Law No. 74/06, 24th of March, which approves the legal regime of higher education
degrees and diplomas, laid out in articles 13 and 15 of Law No. 46/86, 14th of October
(Education Act), as well as what is stipulated in No. 4 of article 16 of Law No. 37/03, 22nd of
August (establishing the basis of higher education funding);
14. Decree-Law No. 88/06, 23rd of March, which regulates technological specialisation courses;
15. Ordinance No. 714-B/06, 14th of July, which regulates the national application process for
Access and Entry into State Higher Education for enrolment in the 2006/2007 academic year;
Ordinance No. 401/07, 5th of April, which approves the Regulation of Course Changes,
Transfers and Re-Entry in Higher Education;
16. Decree-Law No. 214/06, 27th of October, which approves the Structural Law of the Ministry of
Science, Technology and Higher Education.
Eurydice - the information network on education in Europe
Date: 2009
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