Fees and charges payable by students and grants payable to students
A lot of enquiries were received with respect to fees and charges payable by students. The Office provided information over the telephone to a number of students posing questions about tuition and incidental fees. The nature and the number of questions posed shows that students do not have enough information on the regulation of the fees and charges that they are required to pay. They are not properly informed by higher education institutions either. Students and higher education institutions both find it difficult to understand the complex system of regulations on this issue.
In many aspects, the lack of clarity of the concept of tuition and incidental fees was the source of the problems. Both students and institutions seem to misunderstand these terms. According to the Act on Higher Education, students participating in state financed higher education must pay tuition and other fees while students participating in vocational education, that is not financed by the state, must pay costs and other charges. As a matter of course, only students participating in state financed education may study free of charge. While those attending non-publicly financed educational institutions may not study free of charge, even if they meet the criteria for exemption from tuition fees. Regulations on students having to pay fees and charges and the freedom from such are included in Decree No. 144/1996. (IX. 17.) and also in the regulations of the various institutions.
Of course, it is an important question for a student as to whether and how much he or she has to pay for his or her education. Many of their complaints are about the obligation to pay fees or charges and the amounts of such. Often they ask for ways to be exempted from the obligation to pay.
A very large number of petitions submitted asked for exemption from the obligation to pay tuition fees. In many cases, we informed students the number of times and the period that they may be entitled to such benefit. This benefit was usually granted on the grounds of being enrolled in their first basic vocational training. Many students had the impression that they may study free of charge even when enrolled in more than one program, that is until they obtained their first degree. However, pursuant to Article 12 (4) of the Government Decree No. 144/1996. (IX. 17.), entitles students to studies free of tuition fees only at one higher education institution, at one faculty and in only one program. In addition, upon enrolment they have to make legal representation concerning the place where they will apply the benefit.
Article 6 of Government Decree No. 120/2000. (VII. 7.) on the financing of teaching resources and maintenance of the institution, also details the amount of time that a student has for entitlement to study free of tuition. If, however, a student continues studying in an other program or faculty without obtaining a degree, then he may only study free of the tuition fees only for the time remaining that would have been required for the obtaining of the first degree.
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A student asked the Office for a position statement on the obligation to pay tuition fees and on the amount payable. The submitter completed two terms in a higher education institution and then he discontinued his studies. The submitter was informed that as a result of this he may study free of tuition fees in the higher education institution in which he continues his studies for a period of not more than two terms. (VI/252/2000.)
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Most students study free of tuition fees because they are studying in state-financed initial studies, in initial supplementary studies, in an accredited higher education institution, in a vocational training school that may be offer courses during the day or night or offers them as a correspondence basis.
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According to a complainant, the impossibility of obtaining additional qualifications on a tuition free basis is a contravention of the provision in the Constitution dealing with equal opportunities and results in negative discrimination. The prohibition still applies even when the student paid for his or her initial degree or diploma. According to the complainant, the benefit of acquiring a degree, not necessarily an initial one, free of tuition fees should be available to graduates as well.
Our position is that the legislation established as a basic rule that students participating in state-financed higher education should be obligated to pay tuition fees, and that the exemption from the obligation to pay tuition fees is a type of benefit. According to the Constitutional Court's ruling on benefits, which are provided by the legislation, benefits are unique when applying the principle of freedom from discrimination. The only thing that may be challenged is if the benefit resulted in unequal treatment that could not be justified and was arbitrary.
In this particular case, the regulation is not arbitrary and is based on sound reasons. The legislation is designed because prior to this a large number of young people could not participate in higher education because of the mandatory tuition fees. Therefore, the law provides assistance in acquiring of the initial qualifications free of charge but the legislation does not remove the obligation to pay tuition fee on additional studies. (VI/353/2000.)
Another complainant, who criticised that, only the initial degree or diploma is financed by the state, made the same comment. Those who had earlier acquired their initial qualification, for which they had to pay tuition fees, had no access to at least one government financed initial qualification. According to the complainant the regulation that excludes holders of degrees from access to state-financed education constitutes negative discrimination.
Our position was as follows. That it has been ruled by the Constitutional Court on several occasions 'by the interpretation of the prohibition of negative discrimination' specified in Article 70/A (1) of the Constitution. It is also established that the prohibition of discrimination does not mean that discrimination aimed to provide for social equality is prohibited. The prohibition of discrimination means that the law has to treat everyone as equal (as persons of equal dignity) i.e.) their personal dignity is a basic right that cannot be impaired. In addition, the criteria for the distribution of entitlements and benefits has to be determined with equal respect, taking into account the individual circumstances. [...] From the right of equal personal dignity in some cases it may follow that goods and opportunities be equally divided between everyone (even in terms of quality). But if some social goal, not contrary to the Constitution, can be enforced only in a way that does not enable the equality of opportunities in this narrower sense, then this positive discrimination cannot be qualified as contrary to the constitution." [Resolution No. 9/1990. (IV. 25.) AB of the Constitution Court]
By determining the impact and need of state-financed initial qualifications, the legislation aims to ensure that each citizen be given an opportunity to acquire at least one degree in higher education. Thus the regulation qualifies as positive discrimination and is in line with the provisions of the Constitution. (VI/504/2000.) |
A number of submissions related to the question of payment of incidental fees. Pursuant to Government Decree No. 144/1996. (IX. 17.), the amount of the costs to be covered by incidental fees is determined by the institution in its discretionary competence. In order to maintain the legal protection of students, state-run higher education institutions may take decisions only within certain statutory limits that are in line with the provisions of the Act on Higher Education and the relevant government decree. Our Office may only inspect compliance with these rules. We cannot make judgements on the amounts concerned.
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Accordingly, based on the complaint made by a student concerning the amount of a charge, it was determined that no infringement could be detected. The higher education institution in question complied with the following statutory provisions concerning the establishment of the amount of the charge. A higher education institution is to inform its students concerning the amount of the tuition fee payable in the first academic year. An institution is obliged to disclose the fee of training courses in the notice on the admission conditions. The training charge may not exceed the amount of the fee established for the previous year plus the prior year's consumer price index as published by the Central Statistics Office. The amount of the charge has to be disclosed no later than May 31 st of the prior academic year, as is customary in the given institution. (VI/224/2000.)
A complainant complained that the amount of the charge to be paid prevented him from participating in further schooling, which constituted a violation of his right to education as specified in Article 70/F of the Constitution.
The complainant was informed that as the Constitutional Court had ruled that 'the distinction between so-called first and second generation personal and civil rights may now be considered as customary in the interpretation of the constitution [...] The second generation is comprised of economic, social and cultural rights. The enforcement of these assumes specific measures by the state. Obviously, the guaranteeing of these rights depends on the economic performance of the country at any given point in time." [Resolution No. 42/2000. (XI. 8.) AB of the Constitutional Court]. This ruling applies to the right to education, a second-generation right, as specified in Article 70/F of the Constitution.
The Constitutional Court specified the obligation of the state with regards to the nature of the right to higher education. 'The duty of the state in relation to higher education is to create the objective, personal and material requisites for the right to learning. Also, it must guarantee this right to any citizen having the abilities to participate in higher education by developing them. The task of the state should be of a programme-type task. Its implementation requires time and is dependent on the amount of the funds available to carry out the programs. [.] The right to education at the post secondary level may be ensured in a variety of ways. The state has a wide leeway in implementing this task." [Resolution No. 1310/D/1990. AB by the Constitution Court]
The state performs its constitutional obligation guaranteeing the right to higher education by enforcing the above effective legal regulations, by the state offering financial support, and, among other things, by allowing tuition free initial qualification, and remaining within the above mentioned limits.
Article 7 (6) of the Act on Higher Education stipulates that a public higher education institution is permitted to provide higher vocational training further to its state financed basic duty, as a service for a fee. In that case, the school may determine the amount of the charge itself, and may also specify benefits at its discretion for its students participating in the program. (VI/504/2000.) |
Oftentimes, the Office gave information on the special situation of students receiving social security benefits; e.g.) maternity aid, childcare aid or childcare benefits. Pursuant to Article 22 (4) of Government Decree No. 144/1996. (IX. 17.), no charge for costs can be collected from students receiving any of the above benefits. This applies to students participating in tuition fee paying programs public higher education institutions. If a student gives birth to more than one child, then the exemption from the payment of costs may be applied for a maximum of two terms in excess of the training period specified in the training requirements. (VI/152/2000. VI/529/2000.)
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