Private and cooperative higher education, for historical and political reasons, has taken on a different
configuration to state higher education, which was typified by the legal classification of higher
education.
The legislation recognises its specific nature, consolidated in the «expression of freedom to learn and
teach and the right of the family to choose how to educate their children» (n. 1 of article 57 of Law No.
46/86, 14th of October, amended by Laws No. 115/97, 19th of September and 49/05, 30th of August),
which translates into the fact that private and cooperative higher education is governed by its own
legislation and Statutes and can choose to follow state curriculum or adopt their own, as long as they
obey the goals of the higher education system.
Although recognising the specific nature of these institutions, the legislation includes private and
cooperative higher education in the goals of the higher education system, considering it «an integral
part of the teaching network». From this perspective the links with state teaching means a number of
formal, procedural and substantive demands in terms of quality and in terms of development, in the
assumption that private and cooperative initiatives and establishments must be taken into account for
any expansion or changes to the network.
Within the framework of state intervention in private and cooperative higher education, the legal
classification of higher education foresees a number of different possible actions, of which it is worth
highlighting: inspection, technical and pedagogic support and financial support for initiatives directly
related to public interest and educational development.
In this context, taking into consideration the legal framework of private and cooperative higher
education, it is important to describe two dimensions upon which its development is based: recognition
of public interest in educational establishments and the authorisation of courses and awarding of
degrees.
The recognition of public interest in educational establishments is foreseen in the Private and
Cooperative Higher Education Statute (Decree-Law No. 16/94, 22nd of January, with subsequent
amendments), as well as the procedures that the respective processes should follow.
For a university or polytechnic institute to be created the following requirements have to be fulfilled: a
qualified teaching staff in sufficient number; the necessary material resources to guarantee quality
training, development in the areas of teaching and research: Apart from these requirements and in
terms of the public interest in a university the teaching must offer six licenciatura courses in three
different areas, two of which being techno-laboratory and in the case of the institutos politécnicos, two
or more teaching schools.
From this perspective, the recognition of public interest for the different stakeholders means:
• The recognition of the value of its degrees and diplomas: licenciatura, mestrado and
doutoramento;
• The inclusion of private and cooperative establishments in the teaching network;
• The guarantee of high pedagogic, scientific and cultural standards of the teaching establishment
stemming from the qualifications of the teaching staff and respective teaching;
• The encouragement of scientific research and technological innovation;
• Gradual support for students in this sub sector of education, such as scholarships and social
support;
The demands of scientific and pedagogic assessment by criteria common to higher education.
Once the recognition of the public interest of the higher education establishment is obtained on the part
of the instituting body, next is the process of implementation that culminates with the registration and
subsequent publication of the Statutes, the document where the rules relating to structure, goals,
internal organisation and running of the establishment are stipulated, namely:
• The objectives and the scientific, pedagogic and cultural project;
• The rules that the relationship between the instituting body and the structure adheres to;
• The regulations of the establishment;
• The staff and management structure and the organisation, with the staff structure necessarily
having the following: A reitor (in the case of universities) and a president (in the case of
institutos politécnicos); director or direction body, scientific body and the pedagogical body;
• A system of registration, enrolment, attendance and assessment of students;
• Rights and responsibility of teaching staff.
Private and cooperative higher education does not enjoy full autonomy in relation to the creation of
courses; the authorisation to start new study cycles is the responsibility of the Ministry of Science,
Technology and Higher Education.
Currently these requests for authorisation are subject to a transitory regime, instituted by the Decree-
Law No. 74/06, of 24th March, that is in force until the creation and functioning of an accreditation
agency, which in terms of this legislation will accredit study cycles that lead to licenciaturas, mestrados
and doutoramentos.
That authorisation obeys general requirements that include: its own educational, scientific and cultural
project, appropriate to the objectives of the study cycle; its own teaching staff properly qualified and in
sufficient number; the necessary human and material resources to guarantee the standard and quality
of training.
The authorisation for these study cycles leading to mestrado degrees and doutoramento obey not only
the general requirements but also special requirements such as a greater number of professors with a
doutoramento or greater recognised experience and professional competence, the necessary
development of recognised training and research in specialised areas or high-level professional
development.
Authorisation requests for course follow the following processes in the Directorate-General of Higher
Education: process preparation; study of pre-requisite fulfilment with consultation with specialist
commissions; decision of the Ministry of Science, Technology and Higher Education from a proposal
from the Directorate-General; notification of the concession and publication in the 2nd series of the
Diário da República by the General-Director.
The new process has simplified the previous procedures, speeding up decisions and making the
transition more agile, making it more appropriate for the legal basis of accreditation of study cycles.
Portuguese Catholic University
The Portuguese Catholic University was created within the scope of the Agreement 'Concordata'
between Portugal and the Holy See and has been functioning since 1971. It currently teaches courses
in the areas, of social sciences, commerce and law; teacher training; arts and humanities; engineering
and technical courses and health. It has expanded greatly, currently with 8 branches, with 18 teaching
units under the names of faculty, institute and school.
The Portuguese Catholic University is a non state-owned, private university, governed by Article XX of
the Agreement "Concordata" and by the special regulations ensuing from this article and is not subject
to the provisions laid down for private and co-operative higher education. Under its own Statutes, the
Portuguese Catholic University is governed under "a mixed governmental and higher administration
system that combines Church and State responsibilities, the need for autonomy (...) while safeguarding
the institution as an indivisible entity".
The Portuguese State recognises the Portuguese Catholic University as a free and autonomous
institution of public utility on a par with public and private universities.
Students attending the Catholic University have access to study grants similar to those given to
students attending public higher education.
The Portuguese Catholic University enjoys statutory, scientific, teaching, financial and disciplinary
autonomy, as well as the autonomy to manage its own assets, and it is governed by principles as strict
as those laid down for public universities, with regard to quality of teaching and hiring teaching staff.
Without prejudicing the specific institutional nature of the university, the Portuguese Catholic University
is subject to the regime established by the Law No. 1/03, 6th of January, as well as the regime of study
cycle adjustment, established by Decree-Law No. 74/06, 24th of March.
The Portuguese Catholic University may therefore organise courses, research programmes or
projects, as well as permanent or on-going education activities, and provides several types of
university service to the community. Although with statutory autonomy, the Catholic University is
subject to legislation passed in 2000, which approves the organisation and planning of higher
education, and the respective legal Statutes should be adapted as required.
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