Welcome back to our blog, today we will be talking about the new regulations regarding degree approvals in Spain for the year 2022.
Thus, on October 18, 2022, the BOE published its Royal Decree 889/2022, which according to its explanatory statement was created on the experience developed and the will to solve the problems detected in the field of homologations and declarations of equivalence of foreign university degrees based on five fundamental principles: academic rigor, procedural transparency, speeding up the resolution of the instruction of procedures to guarantee the rights of citizens, modernization and electronic processing, and legal certainty.
What is meant by homologation?
Homologation is understood as official recognition of the training completed to obtain a foreign degree, comparable to that required to obtain a Spanish degree which is required to be obtained for the exercise of a regulated profession.
What are the effects of homologating a title in Spain?
The homologation grants the foreign title, from the date on which it is granted and the corresponding credential is issued, the same effects of the Spanish title to which it is homologated throughout the national territory. The homologation grants the foreign title, from the date on which it is granted and the corresponding credential is issued, the same effects of the Spanish title to which it is homologated throughout the national territory.
How to apply for homologation?
The new regulations oblige all applicants to do so electronically, both for the application and for subsequent communications, requirements or resolutions. I must go to the electronic headquarters of the Ministry of Universities.
Who will resolve the homologation request?
The Commission for Technical Analysis of Homologations and Declarations of Equivalence (hereinafter, the Commission) is created, which will be attached to the General Secretariat of Universities of the Ministry of Universities.
How long will it take to resolve my approval?
The Commission will have a maximum of two months to formulate the motion for a resolution, that will indicate if it is favorable or unfavorable. In the case of homologation, it may also be favorable conditional on passing the complementary training requirements described in article 19, which will be specified in the corresponding resolution. The unfavorable or conditional favorable resolution proposal will be notified to the person concerned.
The resolution will be issued and notified within a maximum period of six months from the date the application was entered into the electronic register. Once said period has elapsed without notification of the resolution, the application may be understood to have been rejected due to administrative silence.
If my approval is denied, can I appeal?
The filing of the optional appeal for replacement will be possible, in accordance with the provisions of articles 123 and 124 of Law 39/2015, of October 1, without prejudice to its direct challenge before the contentious-administrative jurisdictional order as established by the Law 29/1998, of July 13, regulating the Contentious-administrative jurisdiction, within a period of two months from the day following the date of its notification or from the day following that on which the alleged act occurs.
If you have more questions, you can consult everything at the official electronic headquarters of the Ministry of Universities.
Diana Caballero Aguirre
CEO- Director
Martínez Caballero Abogados.
