The Ombudsperson published the Report concerning the failure to recognize Master degree, for qualifications acquired in the technical studies, according to five year university study system, based on before Bolonia system
The Ombudsperson has delivered to the Ministry of Education, Science and Technology, to the Rector of University of Prishtina “Hasan Prishtina” and to the Faculty of Electrical and Computer Engineering, the Report C. No. 533/2017, through which amendment and rephrasing of Article 5, of the Administrative Instruction no. 11 for Comparability and Equivalence of Diplomas and Study Programs before and under the Bologna system is recommended, with the aim to enable recognition of Master’s Degree for all those graduated in the five-year system of studies in the technical field before the Bologna system.
This Ombudsperson’s Report is based on the case initiated by Mr. Ahmet Murati, who has accomplished his undergraduate studies according to before Bologna system, in the duration of 5 (five) years and 10 (ten) semesters. Based on the duration of the studies, the complainant accumulated a total of 300 ECTS credits. According to point 5.1 of the Diploma Addendum, 300 ECTS credits have granted him the right to submit application for Master and / or Doctorate studies. But based on omissions of the Administrative Instruction, he has been denied the Master Degree.
The Ombudsperson, upon case analyses, observes that even though the Law no. 04 / L-037 on Higher Education in the Republic of Kosovo, specifies exactly the credits for obtaining the Master’s Degree, Article 5 of the Administrative Instruction (MEST) no. 11, Comparability and Equivalence of Diplomas and Study Programs before the Bologna and Bologna System, which predicts that:,, Diplomas of university studies 4.5 (four and a half years) and 5 (five years) years, who have completed with public protection of the topic in the technical system areas before Bologna are equivalent with 300 ECTS “ leaves legal gap, by failing to plainly clarify the equivalence of the credits obtained during the studies with the respective qualification degree.
The Ombudsperson, upon detailed analyses of the issue, has ascertained that the discrepancy between the Law on Higher Education and the Administrative Instruction no. 11, which regulates the issue of Equalization of Diplomas and Study Programs before the Bologna System and the Bologna System, which does not explicitly clarify the equivalence of titles in relation with ECTS credits obtained during the study program in technical studies, in duration of 5 years, has resulted with unequal treatment effect at employment and salary compensation of a considerable number of graduated at this system, engaged in teaching, in comparison with others.
The Ombudsperson is of the opinion that the abovementioned Article of the AI, by failing to be understandable and predictable, is positioned opposite to the principle of legal certainty, as an important element of the rule of law. The gap has caused restriction of rights and legal expectations, which should have been produced by the provision in question.
Consequently, the Ombudsperson has recommended the Ministry of Education, Science and Technology undertaking of necessary steps and actions with the purpose of amending and rephrasing of Article 5 of the Administrative Instruction no. 11 for Comparability and Equivalence of Diplomas and Study Programs before and under the Bologna system, in order to enable recognition of the Master’s degree for all those graduated in the five-year system of studies in the technical field before the Bologna system.
The Ombudsperson also recommended the University of Prishtina ,,Hasan Prishtina”, that upon adoption of the given Administrative Instruction by MEST, undertake necessary preparatory actions, with the aim of issuing Diplomas for recognition of Master’s Degree.