apparently wanted the Central Government take the bull by the horns, as issued Supreme Decree N º 016-2010-ED published on 12 June, amending Articles 7 and 23 of Supreme Decree N º 018-2007-ED, Regulation of Law No. 28,640, Law of the National Assessment, accreditation and certification of educational quality. What were the changes? Now the bars are required to evaluate their members, in order to grant professional certification to exercise the profession. Also, law schools should be assessed in order to obtain accreditation to continue providing educational services. Indeed, this situation was something that the Executive had been announcing for some time (see The Law, No. 29).
As stated in the preamble to the amendments, "noted the increased powers of law and affiliates do not provide adequate training to ensure appropriate professional development, making the determination required to undergo mandatory an evaluation process to ensure minimum standards of learning, reasoning, ethical and defense skills as well as certification of their professional quality. " So, which aims to address one of the factors of the crisis in the Peruvian justice: the poor that have training system actors (judges, prosecutors, lawyers, assistants).
But what exactly is amending? The following rules describe the situation before.
Article 11 of Law No. 28640 establishes three stages in the evaluation: a) self-evaluation by the school itself, b) assessment for accreditation, filed voluntarily if any, and c) accreditation, which is the temporary public recognition of the institution who participated in an evaluation process. However, Article 7 of the Rules provided that the assessment for accreditation of law schools was voluntary, with mandatory only in the fields of health and education. For its part, the Act also provides a certification process for professionals, which is in charge of professional and conducted at the request of stakeholders. Again, the obligation to certify colleges is limited to the same categories: health and education.
But with the amendment, the mandatory assessment for the accreditation of educational institutions and certification of members of professional associations and not just limited to health professionals and education, but also lawyers. This means, first, that any educational institution of legal education must begin the process of self-assessment, culminating in a report to be submitted to a judging organization designated by the Board of evaluation, accreditation and certification of quality college education (Coneau), body operator of the National Evaluation, Accreditation and Certification of Educational Quality (Sineace). Then, the judging organization will initiate an external evaluation, where you can check the veracity of the self. If the assessment is favorable, will be granted accreditation, which is recognition for a period of five years.
should be noted that the legislation does not provide for suspension or closure of schools who do not obtain accreditation. This is not a condition for the functioning of such institutions (unless this is enforced by a subsequent law which, perhaps, would be desirable). By contrast, establishing various benefits for those who already obtained, such as allocation of funds, preference in government contracts, international donations, etc .- and also a record by the Sineace where results are displayed evaluation. Thus, the objective is: to offer this consumer information, the market would drive out those institutions that do not have a suitable teaching quality.
other hand, has also been established that professional certification will be mandatory for lawyers. Since them, to exercise the profession, are part of a professional association, can only be evaluated by the institution to which they belong, provided that it has been authorized by the Coneau and comply with the requirements prescribed in the Regulations, which allow that the Bar perform as certification authorities. Also, the assessment to its members is monitored by the Coneau. That is to say that- Unlike accreditation, the Regulations do not set the schedule for the professional certification, so that the Bar should determine this. Also, while not explicitly stated, I think it should be understood that the requirement of certification is required only for new members of the College, especially considering that the lawyers and colleges were not subjected to any certification.
I think the initiative is good and could bring benefits to solve our terrible problem, but from the rule of law there is much to be done, especially considering that is not the same evaluate teaching the Education Law or Medicine. Just to mention some issues: How strict should be the criteria for accreditation for educational institutions? Who will be responsible for designing? How will the register of accredited? What are the requirements to certify professionals who require colleges and Coneau approved? Should they be as stringent or allow a difference in certain areas of the country? What to do with those who fail the certification? The questions multiply, and only the State has the answer. We'll see how it addresses this challenge, could well be the first step of the long-awaited reform of justice.
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