THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
THE EUROPEAN SOCIAL FUND The Sectoral Operational Program Human Resources Development 2007 – 2013 Priority Axis 3 “INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISES” Key Area of Intervention 3.3 “Development of partnerships and encouraging initiatives for social partners and civil society” Project title: “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” Beneficiary: the Ministry of National Education Contract no.: POSDRU/93/3.3/S/53132
Deliverable 30.1
“Certification and Recognition Guidelines for the Archivist’s profession” ETS dr. eng. Ionel POPA
1
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
2
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
3
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
4
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
TABLE OF CONTENTS
Introduction .............................................................................. I Regulation status for the archivist’s profession in Romania and in the European Union ........................... 1.1 Legislation regulating the archivist’s profession in Romania …............................................................. 1.2 Conditions for access to the regulated archivist’s profession in Romania …………………….... 1.3 Landmarks for the archivist’s profession in the EU states ………………………………………… II Competence validation / certification procedures applied by the competent authorities in the countries where the archivist’s profession is being regulated ..... Recognition processes for qualifications achieved in III other EU Member States …………………………… 3.1 Archivist’s profession recognition procedure ….. 3.2 SOLVIT application …………………………… IV Practicing of the archivist’s profession in the EU ….. 4.1 Deontology code for the archivist’s profession … Conclusions ............................................................................... Bibliography .............................................................................
6 8 11 12 21 31
33 33 34 38 41 48 51
5
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
Introduction These “Certification and Recognition Guidelines for the Archivist’s profession” account for one of the multiple results of the project “The Network of Competent Authorities for Professional Qualifications in Romania” IMI PQ NET Romania, drawn up for the consolidation of the National Archives (NA) capacity both as a social partner in the project and as the competent authority by informing it in relation to the practices applied in other EU Member States to the archivist’s profession. The activity for the elaboration of these Guidelines contributes to the achieving of the general goal of the IMI PQ NET Romania project, consisting in the creation and consolidation of the Internal Market Information System (IMI) for the professional qualifications in Romania. The importance of the archivist’s profession is given by the fact that most of the public institutions and private organizations have archives departments employing specialized staff as laid down in the law, which is focused – as applicable – on the processing of the managed archives, the elaboration of the registration, information and research instruments (archival inventories, catalogues, document editions, etc.), the guidance and control of archival activities at various archive creators and holders. 6
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
The archivist’s main duties are: - to receive, to process – from the archival point of view – the funds and collections of documents under his/her management, to determine the historical and practical value of the documents, to coordinate the archive conservation activities; - to provide specialized support to the archive creators / holders; to draw up certificates, copies and excerpts of the managed documents; - to draw up research instruments; to build and manage electronic databases. These “Certification and Recognition Guidelines for the archivist’s profession” is focused on two major issues: on one hand the certification of the archivist’s profession in Romania, and on the other hand the recognition of this profession in the EU Member States where this profession is being regulated. Moreover, the guidelines bring concrete information on the archivist’s profession in the EU Member States regarded by the project management as being representative (the Czech Republic, Spain, the Netherlands, Denmark, Germany, Great Britain, Italy and Portugal). Being convinced of the significant of the document processing and management activity due to the high level of spreading and the
7
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
universal feature of the archivist’s profession, we have done some wide research on this profession by using the Internet.
I. Regulation status for the archivist’s profession in Romania and in the European Union The archivist’s profession – classified in the Romanian Occupational Classification (COR) under no. 262101 – is being regulated in Romania and the current applicable legislation has been recently elaborated. At the European Union level, there are several other states besides Romania where the archivist’s profession is being regulated; they are: Bulgaria, Estonia, Greece, the Netherlands, Slovakia and Slovenia. Brief institutional history. As an institution, the Archives in the extra-Carpathian Romanian territories were officially established in the context of the elaboration of the first modern administrative laws, i.e. the Organic Regulations between 1831 and 1832. For the period of time prior to the 19th century, we should not overlook the existence of archives attached to the royal chancery, those kept by the ecclesiastic authorities and the private archives established by the governors of various ranks in the manorial hierarchy. Among them, some of the oldest places for keeping the documents have been 8
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
accounted for by the monasteries that, due to their safe nature, used to allow even the gathering of laic documents. Therefore, the archives in Walachia were documentarily attested since May 1st, 1831 and the Moldavian archives since January 1st, 1832. The organization of the State Archives was done afterwards by various regulations and instructions issued by the superior bodies upon the proposal made by the head of the Archives. The State Archives was to function in Moldova attached to the Royal Court and in Walachia at the Metropolitan. In 1831 Iordachi Rasti (caminar) is appointed as the State Archivist in Walachia and Gheorghe Asachi in Moldova. On June 9th, 1831 the Administrative Council in Walachia draws up a Journal that shall become the first working standards regarding the receipt of the archival documents by the State Archives. On September 30th, 1831 the first regulation comes into force. According to this regulation, the storage of the files in warehouses was to be done in 3 “separations”: “documents and contracts”; the documents called “administration of inner jobs” and “court papers”. The removal of any document from the Archives
9
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
was prohibited by the Archivist “unless the person shows a certified copy”. In Moldova the first instructions regulating the Archive’s activity date back to January 26th, 1832 and refer to the submission and storage of documents in the State Archives. On October 31st, 1862, the ruler Al. Ioan Cuza elaborates the “Regulation for the organization of the State Archives”. This Regulation establishes a General Department in Bucharest and a Subsidiary in Iasi. The archives passed from the Ministry of Interior to the Ministry of Cults and Public Instruction. According to the Regulation, the documents submitted at the State Archives were all “the public interest documents whose conservation shall be deemed as useful and which are no longer useful to the ministries or central and general governors”, without indicating the county and communal archives. Regarding the old archives of Transylvania, they were concentrated in Budapest starting with 1875, when the Hungarian State Archives were established. Therefore, at the end of the 19th century, the system centralizing the documents in the Budapest and Vienna State Archives is used both in Transylvania, Bucovina and in Banat.
10
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
The events in 1918, with the major happening when the Romanian state was politically unified, led to the obvious unification of the archives. Therefore, departments of the State Archives are established in Cluj (1920), Cernauti (1924) and Chisinau (1925). In this context, a new law for the functioning of the State Archives comes into force in 1925, which stipulates – among others – the established of the regional departments within the Ministry of Public Instruction. Since 1951, the State Archives Division is subordinated to the Ministry of Internal Affairs. After the Revolution in December 1989, following the transformation of the society, in 1996 the activity of the Archive’s Institution is reorganized and the name of "the State Archives" is replaced by the name of "the National Archives of Romania".
1.1
Legislation regulating the archivist’s profession in
Romania The archivist’s profession in Romania is being regulated by the following legal acts: Law no. 16, also known as the National Archive Law, published in the Official Gazette, Part I, no. 71 / April 9th, 1996;
11
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
Law no. 138 for the amendment and completion of the National Archive Law no. 16/1996, published in the Official Gazette, Part I no. 253 / May 7th, 2013; The occupational standard for the archivist’s profession, approved on May 09th, 2013 by the Sectoral Committee for Administration and Public Services. 1.2 Conditions for access to the regulated archivist’s profession in Romania The “Archivist” qualification is meant for those who work in the collection, process and publication of the documents created by public institutions and private organizations during their activity [1]. The archivist’s activity is carried out both in the archival warehouse and in the field as part of the process for the collection of documents from the departments / structures / organizations creating archives, as well as through the guidance and control activity over the way the documents with practical and historical value are managed by their creators. The archivist’s qualification is meant for the people carrying out archival activities both in the National Archives and in other public institutions, including within the private organizations, as well
12
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
as for those developing the necessary skills for working in other states. The archivist’s duties are not referred to in uniform regulations and each employer is free to decide on the duties and responsibilities according to its own field of business; however there is a common framework determined by the affiliation to the basic category in the Romanian Occupational Classification code. The requirements for the archivist’s profession are established by each business operator and the general requirements of the job description are taken into account as they are laid down in the occupational standard and the employer’s specific field of business.1 The archivist’s qualification is demanded on the labour market and each organization – either public or private – has the obligation to establish under the current legislation an archiving department managed by specialized staff. Therefore, this position shall be included in the organization charts of many public or private institutions that create / holds archives. In order to become an archivist, the candidate has to meet the following access conditions:
1
www.anc.edu.ro/uploads/SO_B/archivist.pdf 13
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
he/she has to be a graduate of an academic study program who was awarded the bachelor's degree in any of the following fields: language and literature, applied modern languages, history or cultural studies; he/she has to know the international archival legislation and standards, the norms, instructions and working procedures; he/she has to know the basic principles for assessing and processing archive documents;
he/she has to know the principles for the organization of
documents in the archival warehouses and for their preventive conservation. The competences necessary for the archivist’s profession are classified
into
three
categories:
key
competences,
specific
competences and general competences respectively. The key competences are: communication in the official language communication in foreign languages basic competences in mathematics, science, technology computer science skills ability to learn social and civic competences entrepreneurial competences 14
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
cultural expression competence The specific competences are: elaboration of working instruments – it involves knowledge on: how to draw up registration / information instruments for the archival documents; the typology of the registration / information instruments; the archival legislation for preparing the nomenclature; procedures for elaboration of organizational charts; document management; general concepts on operating computers; coordination of compiling and managing archives – it involves knowledge on: the archival legislation and concepts in the history special science field: heraldic, palaeography, chronology; the rules for compiling an archive at the organization department level; document management in the archival warehouse; general concepts on organizational management; concepts on risk management; norms regarding the archive transport; concepts on characteristics of archival buildings and document storage rooms; determination of the historical and practical value of documents – it involves knowledge on: theoretical knowledge on assessing archival documents, general concepts on history of institutions; advanced knowledge on archival legislation regarding the preparation of the selecting works; general concepts on organization sociology; 15
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
coordination of activities for conservation of archive in the warehouse – it involves knowledge on: the features of the archival buildings and of the document storage areas; technical standards on the archival activities; risk management; use of information in documents – it involves knowledge on: types, features and way to prepare the scientific information instruments; procedures for identification of documents in the warehouse and for writing down responses to the applicants’ requests; archival legislation; advanced knowledge on history and historical data on institutions for the historical periods referred to in the elaborated information instruments; current legal provisions regarding the settlement of claims; general knowledge on desktop publishing; palaeography and modern languages depending on the contents of the documents described by the scientific information instruments; electronic document management; Law no. 544/2001 regarding the free access to public information, with current amendments and completions; electronic archiving of documents – medium-level economic analysis knowledge; applied computer science knowledge including server-type operation systems, relational databases, etc.; applied computer science knowledge including electronic archiving software; specific internal working procedure; knowledge on how to work with 16
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
graphic formats; knowledge on how to use scanning devices; knowledge on how to index information in scanned documents or publications; procedures on using the archiving programs.2 Regarding the general competences, they are: the application of the occupational health and security and fire control standards and the application of the environmental protection standards. Within the public institutions, the archivist may be employed as a public officer subject to the provisions laid down in the Law no. 188/1999 regarding the Status of public officers3, a law updated by the Law no. 2/20134. In the private companies as well as in the public institutions (where the archivist is not employed as a public officer), the archivist caries out his/her activity based on an individual employment contract and its classification is done according to the Romanian labour legislation. In the first case, when the archivist is a public officer, in addition to him/her having the competences laid down in the Occupational Standard, he/she may occupy a public position if he/she meets the following conditions: a) he/she is a Romanian citizen and lives in Romania; 2
Ibid. “Official Gazette� Part I no. 365 dated May 29th, 2013 (hereinafter referred to as the O.G.) 4 Ibid, no. 89 / February 12th, 2013 17 3
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
b) he/she speaks Romanian; c) he/she is at least 18; d) he/she has full capacity to work; e) his/her health is fit for the public position he/she is a candidate for; the health status has to be confirmed based on a specialized medical examination; f) he/she meets the education conditions laid down in the applicable law for the public position; g) he/she meets the specific conditions for occupying the public position; h) he/she has never been convicted for a crime against humanity, against the state or against the authority, at his/her workplace or in relation thereof, which would obstruct justice, forgery or corruption actions or for an offence committed with intents, which could made him/her unfit for the public position, unless he/she has already been rehabilitated; i) he/she has not been dismissed from a public position or his/her individual employment contract has not been terminated for disciplinary grounds over the last 7 years; j) he/she has not been involved in any political police activity, as defined by the law.
18
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
The occupation of the public positions may be done by promotion, transfer, redistribution, recruiting and other ways under the law. The recruiting in view of joining the public officers’ association is done by contest and the participation conditions and the contest organization procedure are established under the law based on the principles of open competition, transparency, professional merits and competences, which are laid down in the Occupational Standard, as well as of equal access to public positions for each citizen who meets the legal requirements. Law no. 138/20135, amending and completed Law no. 16/19966 stipulates that the National Archives provide the general registration of all the business operators through the Registry of Business Operators providing Archival Services. The management of the information in the registry is done by the National Archives based on the notices received from liquidators / business operators / individuals or companies, the local pension houses and the National Archives departments. The National Archives issue operating permits for several types of services such as: 5 6
Ibid, no. 253 dated May 7th, 2013. Ibid, no. 71 dated April 09th, 1996. 19
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
- the storage and conservation archives department; - the restoration archives department; - the archival processing archives department; - the binding archives department; - the hold document usage archives department. In order to obtain the operating permit for the provision of archiving services, the business operator files an application accompanied by the following documents: a)
a certificate of findings issued by the Trade Register Office;
b)
a certified copy of the fire safety authorization issued by the
Inspectorate for Emergency Situations; c)
certified copies of the documents confirming the ownership /
the right to use the premises registered as a registered office / secondary office; d)
certified copies of the attestations / certificates and diplomas /
degrees for the employed staff; e)
certified copies of the employment contracts concluded
between the business operator and the staff employed for the provision of archiving services; f)
a memo detailing the technical and functional characteristics
of the premises and equipment used for document processing, restoring, storing and conserving, binding and using activities: 20
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
specially built warehouses or remodelled areas, offices for the employed staff, specific means for storage and keeping, document protection means depending on their nature and size, devices for measuring temperature and humidity in the warehouses, personal protection gear, anti-fire and anti-burglary alarm and warning systems, fire fighting equipment; g)
copies of the internal working procedures for archiving
practice for document processing operations; h)
proof of authorization fee payment. Moreover, the legislation stipulates that the staff employed after
the authorization for this service should have skills for the archivist or registrar profession. Upon the expiration of the operating permit for the archiving services provided by the business operators the "authorization renewal procedure" has to be followed. 1.3 Landmarks for the archivist’s profession in the EU states PORTUGAL7 7
www.dgarq.gov.pt 21
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
In Portugal the archivist’s profession is legislated by the Decree Law no. 103 / May 16th, 2012. At national level and pursuant to Ordinance no. 372/2007, the General Division for Books, Archives and Libraries subordinated to the State Secretariat for Culture was established by the merger between the General Division for Books and Libraries and the General Division for Archives. The General Division for Books, Archives and Libraries includes: the “Torre do Tombo” National Archives, the Portuguese Photography Centre and the district archives, the most important of them being the one in the Porto district. The continuous training in the archivist’s profession is properly regulated by the Portuguese Association of Librarians, Archivists and Documentarians. The Association adopted a Training Regulation laying down the organization and functioning rules as well as the trainees’ assessment methods. The Association also includes other collective management bodies: National Board of Directors, Executive Commission, Training Commission, Regional Delegates, approving the training policy, the regulations and the training general plan. The Executive Commission approves the training plan and is in charge with its follow up.
22
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
GERMANY8 In Germany there are 2 categories of archivists with higher education who can be classified depending on their studies in the archiving field. The first category includes the graduates from the Archives School in Margburg or München (for the Bayern Land), where they are received after graduating from high-school and receiving the high-school diploma. In Margburg and München they are trained for 3 years, out of which 12 months of hands-on training, including a short course at a special administration school. Another 6-month hands-on activity is carried out in various archives, and the initial training period ends with a final exam. After their graduation, the archivists may be employed by the Superior Service (Gehobener Dienst). The second category includes the Archivists in the Federal Service (Höherer Dienst), who attend the Archives School in Margburg or München, where they are accepted only after graduating from a faculty of history, law or other auxiliary sciences after taking the state exam and if they were awarded the bachelor’s or masters’ degree and in some Lands they are even required to hold the PhD and to be healthy. The position is identical to the archives 8
www.bundesarchivesde/index.html.de 23
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
researcher assistant position. In Margburg they study for 2 years, out of which 8 months in hands-on training, 12 months of classroom training, 1 month of hands-on activity in the German Federal Archives and the last month is reserved for them to prepare for and take the state final exam. The Curriculum is extremely diverse and includes classes in archiving theory, public administration theory, administrative
organization,
archives
management,
electronic
systems, archives law, auxiliary sciences, advanced studies in Latin and French. A master’s program in computer sciences is provided at the Potsdam University and it may be attended by graduates from the Archives School. The educational offer here includes also a master’s program in archiving activities, which lasts for 6 semesters and is focused on “Archives, Libraries, Documentation”. Post-academic classes have been taught in Margburg since 2012 in the archiving field, including electronic archiving operations. AUSTRIA9 In Austria there is no school exclusively for the archiving field, and the archivists go to the University in Vienna and to the 9
www.aesta.gv.at 24
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
Austrian History Research Institute subordinated to the University. Traditionally, since 1927 the archivists with high-school education have been forced to attend courses at the Austrian History Research Institute in order to be promoted. The graduation of this Institute has become since 1980 mandatory for the archivists working at the State Archives. For becoming a State Archives employee the graduates have taken since 1977 an exam (hands-on skills and knowledge) in front of a high-rank archivist who is usually the General Manager of the State Archives. This exam consists in tests focused on the Austrian history since 1740, auxiliary sciences, Latin and a language of the 18-19th centuries plus document filing, digital skills for operating computers and – a mandatory condition – proficiency in English. Only after passing the exam an Austrian archivist becomes the equivalent of the German graduate archivist working for the German Archives. There are also archivists who are equivalent to the researcher archivists working for the German Archives, who are helped by the archivists working for the Superior Service (Gehobener Dienst) in order to do research and publishing works. SWITZERLAND10 10
www.bar.admin.ch 25
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
In Switzerland, the archivists’ training lasts for 3 years and the basic training involves the information and documentation at the Chur Institute of Techniques and Economics and at the Geneva Institute of Economics. The training takes place in parallel with lots of hands-on works in libraries, archives or documentary premises. German and 2 foreign language skills are required. After graduation, they may attend the master’s program studies in computer sciences, which last for 3-4 semesters (18 months) and the PhD programs at various Swiss universities. When completing the studies, they may occupy positions as information and documentation specialists in libraries, archives and documentation centres. The bachelor’s degree shall indicate the studies to be advanced especially for those who want to become specialists in research. Moreover, there is an Association of Archivists organizing – for a certain fee – training courses for registrars with secondary education. FRANCE11 The National Archives are organized as a department subordinated to the Ministry of Culture and carry out their activity under the Patrimony Code of 2009. 11
www.archivesnationales.culture.gouv.fr. 26
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
The initial training takes place at the universities including a department of archives both for the bachelor and the master studies. For the officers who want to work for the National Archives the classes organized at L’Ecole Nationale des Chartres or L’Institute National du Patrimoine are mandatory. For the other employees in the public and private sectors, the continuous training is done by attending the classes organized by the Association of French Archivists. The Association was established in 1904 and has approximately 1600 members in the public and private sectors. The Association of French Archivists in collaboration with Association de Preservation du Site de la Villette (APSV) has been providing since 2005 training at the level 2 of baccalaureate for the position of assistant archivist. The training starts with a prequalification phase that takes 4 months, during which time the training classroom classes alternate with the practicing of the profession in three different organizations. In France there is no professional standard but there are job description elaborated at national level. Therefore, there are job descriptions for the positions of: expert manager, expert archivist, assistant archivist, archivist agent.
27
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
In France the archivist has to manage all the phases in the archiving chain: to collect and file documents, to conserve them and to communicate them to the public. The archivist has to be both a good administrator as well as a good decision maker. The following positions are available: 1. Public state positions: - Heritage Conservator (Conservateur du patrimoine); - Documentary
Studies
Responsible
(Chargé
d’études
Study
Engineer
documentaries); - (National
Education
and
Research)
(Ingénieur d’études) (Education nationale et recherche); 2. Public territorial positions: - Territorial Heritage Conservator (Conservateur territorial du patrimoine); - Heritage Conservation Alternate (Attaché de conservation du patrimoine); - Skilled Assistant for Heritage Conservation (Assistant qualifié de conservation du patrimoine); - Heritage Conservation Assistant (Assistant de conservation du patrimoine).
28
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
ITALY12 In Italy, the professional certification for the archivists’ professional qualifications is done by the National Association of Italian Archivists. As the interest for the certification of this profession, the National Association of Italian Archivists elaborated in 2001 the professional certification principles. This certification complies with certain preliminary conditions regarding the curriculum, the archivist training and the professional experience achieved by hands-on work. The working group set a minimum score that has to be achieved for the qualification certification. Therefore the certificate has to indicate the competences an archivist should have in order to carry out his/her activity in a certain specialization. This process should be reassessed regularly by a scientific committee made up of independent experts. GREAT BRITAIN13 In Great Britain there is the Society of Archivists in Great Britain and Ireland. The archivist’s profession has an occupational standard including also the curators and was elaborated in 2011; it 12
www.anai.org
13
www.nationalarchives.gov.uk 29
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
includes the competences a person in charge “with the planning, development, delivery and management of information and documents in the public and private sectors" should have. According to the occupational standard the archivist has the following duties: - to implement the basic services for libraries, archives and the registration of the management decisions; - to manage the collection contents; - to provide and maintain the collection contents; - to provide information and materials; - to allow users to access the information; - to support users in developing information culture; - to provide information for supporting communities; - to provide information safety and security; - to develop information services. The National Archives are organized for England and Whales and the Society of Archivists in Great Britain is the professional body unanimously recognized for archivists. The Society of Archivists in Great Britain has two duties – the first is to make sure that the programs provide the proper training for the competences indicated by the occupational standard to be achieved and the second one is to make sure that the Society and the 30
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
management of each program maintain the proper dialogue and influence each other, so that each curriculum contributes as much as possible to the formation of competences that are specific to a model of archivist well educated and trained. The archivist’s profession is not being regulated in the Czech Republic, Spain, Denmark, Germany, Great Britain and Portugal, therefore the access to this profession consists in the fulfilment of similar practice conditions applicable to the citizens in the host countries. Generally, the archivists have to comply with the Code of Conduct rules specific to each state or professional association, which derive from the Archivist’s Deontological Code approved during the 13th International Congress of Archives, Beijing, September 6th, 1996.
II. Competence validation / certification procedures applied by the competent authorities in the countries where the archivist’s profession is being regulated Out of the EU countries nominated in the introduction of these guidelines (the Czech Republic, Spain, the Netherlands, Denmark, Germany, Great Britain, Italy and Portugal) only in the Netherlands the archivist’s profession is being regulated.
31
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
For the Netherlands, the profession recognition is done under Article 33 and Article 36 in the General Law regarding the EC professional qualification recognition, published in Staatscourant no. 142 dated July 25th, 200814. The Ministry of Education, Culture and Science in the Netherlands (MECSO) is the body having elaborated the law application norms and according to these norms, for the regulated professions in the cultural sector, the applicant has to apply for recognition to the MECSO – i.e. the Diploma Recognition and Legalisation Department (Dienst Uitvoering Onderwijs) DUO15. The competent authority for the recognition of the cultural professions – including the archivist’s profession – is the Ministry of Education
and
Science
through
the
“Management
Group”
department. In the Netherlands there are several professions in the archiving field: state archivist, archivist, regional archive inspector, municipal archivist, maritime archivist, and all of them require the recognition of the professional qualification prior to practicing the profession. The following documents have to be submitted for recognition purposes:
14
www.nationalarchief.nl
15
www.duo.nl 32
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
- the application filed by the person asking for the recognition of his/her qualification or the access to the practicing of the regulated profession, as they are defined by the Archive Act 1995; - the study documents; - the procedure for the regulated profession recognition is detailed step by step on the NUFFIC16 webpage in the Netherlands. The recognition is done according to the Mandatory General Regulation WJZ-2008/32760 (4850) [6] which stipulates that the procedure is as follows: for the permanent recognition of the profession the education period in the country of origin and the contents of the curriculum are compared to the possibility of applying an adaptation stage of maximum one year or a knowledge test or – as applicable – a new training course. The knowledge test also involves the payment of an assessment fee. The communication of the access to the profession following the assessments is done within maximum two weeks for the knowledge test and within maximum one month for the assessment of the adaptation stage. The assessments may be redone without any repeatability conditions. Regarding the temporary practicing of the profession things are easier; this means that the relevant competent authority has to be
16
www.beroepserkenning.nl 33
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
notified and certain justifying documents regarding the expertise in the provided service category have to be filed. Regarding the nationals’ linguistic skills in Dutch, they are to be assessed by the employer so that the employee causes no prejudice during the provision of the service for not speaking the language at a proper level.
34
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
III Recognition processes for qualifications achieved in other EU Member States
3.1 Regarding the recognition of the archivist’s profession for an European citizen who has obtained the archivist certificate in another EU Member State and who wants to practice his/her profession in our country, the employee’s regulation define two scenarios for the workplace: within the public institutions where he/she works as a public officer or within the private companies or public institutions (where he is not employed as a public officer). Therefore, in order to occupy a position as a public officer, the candidate has to be a Romanian citizen and has to participate in the contest where he/she has to prove that he/she has the competences laid down in the occupational standard and to be classified in relation to other candidates participating in the contest (he/she might be a Romanian citizen having obtained the archivist’s certificate abroad). For the second case, the national has to hold an archivist’s certificate issued in the issuing country certifying his/her qualification without any other restrictions when getting employed (other than those required by the employer). 35
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
3.2 SOLVIT application SOLVIT is a problem solving network within which the EU Member States and other three countries (Iceland, Lichtenstein, Norway) cooperate without using legal procedures in order to solve the problems arising due to the inappropriate application by the public authorities of the legislation regarding the internal market. SOLVIT deals with the cross-border problems between an enterprise or a citizen (on one hand) and a public authority (on the other hand) where there is the possibility that the community legislation was incorrectly applied. The fields where the problems are very frequent and where there are complaints to be treated via SOLVIT are as follows: •
the professional recognition of qualifications and diplomas / degrees;
•
the access to education;
•
residency permits;
•
the rights to vote;
•
the social security;
•
the rights to occupy a position;
•
the driver’s licenses;
•
the registration of motor vehicles;
•
the border control; 36
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
•
the access of products to the market;
•
the access of services to the market;
•
settling down as an independent;
•
public procurements;
•
taxation;
the free movement of capitals and payments; In each of the EU Member States and the three countries
mentioned above there is a SOLVIT centre providing these services free of charge. The contact details for the SOLVIT centre in Romania are: Guvernul Romaniei, Departamentul pentru Afaceri Europene, Bvd. Aviatorilor nr. 50A, Sector 1, Bucuresti 011854, Romania, Tel.: +4021.308.53.60, Fax: +4021.318.55.24, E-mail: solvit@dae.gov.ro. The diagram17 for the resolution of the applications filed by the nationals coming to Romania, who believe they have been wronged by the incorrect application of the internal market legislation, is provided in Figure 1. Any complaint sent via SOLVIT is solved by following four stages: Stage 1 – the acceptance of the case based on the verification of the action legality and if the documents included in the application by 17
Romulus BENA, Prezentarea SOLVIT la Conferinta de promovare a Sistemului IMI PQ NET Romania, Neptun, 2012. 37
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
the centre of origin are not sufficient, additional documents are requested;
Fig. 1 Complaint resolution via SOLVIT Stage 2 – the receipt of the solution: the competent authority involved in the filed case is contacted and cooperates so that the proper solution is found pursuant to the European legislation; Stage 3 – the proposal of the solution (implemented or not), which has to be real, practical and consistent with the European legislation; Stage 4 – the monitoring of the solution if it was not implemented when making the proposal. 38
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
A case is deemed as having been solved only when the solution is implemented and solves the application’s problem. For the Romanian citizens who want to use SOLVIT in an EU Member State, the contact details regarding the national points and the contact persons may be found on the European Commission webpage18. The EU Member States have to intensify their efforts in order to make sure that the individuals and companies can effectively make use of their rights related to the unique market, guaranteeing an effective application and the execution of the legislation regarding the unique market by the national courts by providing high-quality egoverning information, instruments and procedures, as well as by making investments into mechanisms designed for quick solving of problems. The SOLVIT potential is still insufficiently exploited as a key instrument for solving problems at national / European level, partly because of the insufficient number of employees working for the various SOLVIT centres and at the same extent due to the insufficient information of the European citizens on the competences of these centres.
18
http://ec.europa.eu/solvit/site/centres/addresses/index.htm#Romania 39
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
IV. The practicing of the archivist’s profession in the EU At international level there is the International Council on Archives (ICA)19, subordinated to the United Nations Organization for Education, Science and Culture (UNESCO). The ICA includes the Section for Archival Education and Training, with the following duties: - to promote cooperation between the archival training institutions; - to inform the members on the training opportunities; - to cooperate with other bodies of the ICA for the elaboration of training tools; At European level: The European Board of National Archivists (EBNA)20 – also known as the “Group of Archive Executives in the EU Member States”. They meet twice a year in the state holding the EU presidency and discus strategic issues on the profession, conservation of electronic documents, digitalization and protection of archives against disasters. 19 20
www.ica.org/11653/page.daccueil/accueil.html http://ebna.eu/about-ebna/ 40
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
The European Archives Group (EAG)21 – including representatives of the EU states archives. This group is in charge with: - prevention actions against document theft; - conservation and prevention of archive destruction; - encouraging of cooperation regarding electronic documents and archives; - creation and management of a portal regarding the EU archive heritage; - promotion of good practice under the archive legislation. The archivist’s profession is part of the international classification ISCO 08, elaborated by the Geneva International Labour Organization – archivist and curator – with Code 2621. At worldwide level, there is a deontology framework for archivists, which is meant to establish rules of conduct for those practicing the archivist’s profession. It is designed to familiarize the new members in this profession with certain basic rules and also to remind the experienced archivists on their professional duties so that the public trusts their profession. The term “archivist”, as it is used in this Code, applies to all those who are in 21
www.ec.europa.eu/archival-policy/eur_arch_group/index_en.htm
41
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
charge with the control, storage, holding, conservation and administration of archives and all the specialized institutions providing archiving services are encouraged to adopt policies and practices allowing the application of this Code. 4.1 Deontology code22 for the archivist’s profession 1. The archivists have to protect the integrity of the archives and therefore to make sure that they continue to be a trustworthy evidence of the past. The archivists’ main duty is to maintain the integrity of the documents under their care and custody. While fulfilling this duty they have to take into account the legitimate and often discordant rights and interests of the past, present and future employees, of the owners, of the people mentioned in the documents and of the users. The archivists’ objectivity and impartiality account for their professionalism. They have to face any pressure wherever it might come from, if it is meant to dissimulate or distort facts. 2. The archivists have to assess, select and maintain the archives in their historical, legal and administrative context or
22
The Archival Deontology Code was approved by the 13 th International Congress on Archives in Beijing, September 6th, 1996). See “ICA Bulletin”, no. 47 (1997-1), pp. 22-24 or in “Archive Magazine” no. 2/1997. 42
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
and to comply with the principle of origin, while keeping and doing such relational original records of the documents. The archivists have to act pursuant to the generally accepted principles and practices. The archivists have to fulfil their duties and functions pursuant to the archiving principles applicable to the creation, maintenance and determination of the current and intermediary archive destination, including of the electronic documents and multimedia, the selection and receipt of documents for archiving, assuring, protecting, conserving and restoring the archives they are in charge with, as well as to order, inventory, publish and prepare them for use. The archivists have to impartially assess the documents and to base their judgment on advanced knowledge on the administrative requirements and the acquisition policies established by their institutions. They have to order and inventory the documents retained for storage pursuant to the archiving principles (i.e. the principle of provenance and the principle of original order) and to the internationally recognized norms in the short time the available resources allow. The archivists have to receive the documents pursuant to the objectives and resources of their institution. They do not have to follow up or to accept the receipt of documents when such an action would prejudice the integrity or security of such documents. Moreover, they have to 43
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
cooperate in order to assure the conversation of these documents in the appropriate warehouses. The archivists have to cooperate so that the displaced archives are returned to their country. 3. The archivists have to protect the authenticity of the documents during their processing, conservation and use. The archivists have to make sure that the archival value of the documents – including that of the electronic and multimedia documents – is not impaired by the assessment, ordering and inventory or conservation and use archival works. Any selection has to be done pursuant to carefully established methods and criteria. The replacement of the originals with other formats has to be done by complying with the legal, informational and intrinsic value of the documents. If documents subject to restriction use are removed from filed, this fact has to be notified to the user. 4. The archivists have to always provide the accessibility and integrity of the archived materials. The archivists have to select the documents to be kept or destroyed taking into account mostly the keeping of the essential evidence indicating a activity of a person or institution having produced and accumulated document but equally and depending not eh evolution of the scientific research interests. The archivists have to be aware of the fact that the acquisition of documents of doubtful 44
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
origin might encourage the illegal trading. They have to cooperate with other archivists and with the authorized services for the identification and prosecution of people suspected of having stolen archive documents. 5. The archivists have to keep records and to be able to justify their actions on the archived materials. The archivists have to use effective recording practices during the entire lifetime of the documents and to cooperate with the archive creators for the development of new formats and new practice for information management. They have to be in charge not only with receiving the existing documents and also to make sure that the current information and the archive systems include right from the beginning the proper procedure for storage of valuable documents. The archivists who negotiate the document transfer with their holders or officials have to watch over the correct decisions based on full taking into account – when applicable – of the following factors: the authority to transfer, donate or sell; the financial arrangements or benefits; the processing plans; the copyrights and document access clauses. The archivists have to always keep records informing on the receipt of documents, their conservation and the entire archiving work done.
45
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
6. The archivists have to promote the widest access to the archived documents and to provide impartial services for all users. The archivists have to elaborate for scientific information general instruments as well as specific instruments as fit as possible to all the documents they manage. They have to provide impartial advice for everybody and to use the existing resources in order to provide a balanced range of services. The archivists have to be courteous and wiling to solve every reasonable request regarding the funds under their care and to encourage their use as widely as possible pursuant to the institutional policies, the protection of held archives, the legal considerations, the individual rights and the covenants made with the donors. They have to explain the pertinent restrictions to the potential users. The archivists have to discourage the unjustified restrictions regarding the access and use and may also recommend or accept as take-over conditions restrictions clearly made for a limited timeframe. They have to always watch over and to impartially apply all the covenants made during receipt and – in the interest of free access – they have to renegotiate the conditions when the circumstances change.
46
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
7. The archivists have to provide access to documents as well as to show respect to the private live and to act within the limits of the current legislation. The archivists have to make sure that the life of the individuals and companies as well as the national security are protected without destroying the information especially in the case of electronic documents where the update and deleting operations represent a common practice. They have to show respect for the private life of the individuals having created or whose names appear in the documents, especially of those who have not been asked about the use or scope of the documents. 8. The archivists have to use the special trust granted to them for the general interest and to refrain from using their position in order to obtain inappropriate benefits for them or for the others. The archivists have to refrain from activities that might prejudice the professional integrity, the objectiveness and the impartiality. They should not obtain benefits – financially or in another personal way – to the detriment of the institutions, users or colleagues. The archivists should not collect original documents or participate in any way in the trade of documents for their own interest. They have to refrain from carrying out any activities that 47
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
might generate to the public any idea of a conflict of interests. The archivists may use the archives held by the institution for research activities and personal publications provided that such an activity is carried out according to the same rules having been imposed to the other document users. They should not disclose or use the information received during their work on the documents to which access is restricted. They should not accept that their research or publishing interests interfere with their own professional or administrative duties they were employed to fulfil. When using the documents in their institution, the archivists should not use the researchers’ unpublished findings without notifying them in advance on their intent to use such work. The archivists may review and comment on other researchers’ works in their field of business, including works based on documents held by their own institution. The archivists should not allow people outside this profession to become involved in their practice and obligations. 9. The archivists have to aspire to professional performance by systematically and systematically improving their archiving knowledge and by sharing the results of their own research activities and experience. The archivists have to make efforts for the development of their professional skills and knowledge in order to be able to 48
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
contribute to the progress of the archiving field and in order to make sure that the people under their supervision – working or attending training – are able to fulfil their tasks in a competent manner. 10. The archivists have to promote the protection and use of the universally documentary heritage by cooperating with the members of their own profession or of other professions. The archivists have to be focused on stimulating cooperation, avoiding conflicts with their colleagues in the field and solving difficulties by encouraging respect for the archival norms and professional ethics. The archivists have to cooperate with the members of the related professions based on mutual respect and understanding.
Conclusions The elaboration of these guidelines has taken into account only the states targeted by the IMIPQNET Romania project, i.e. the Czech Republic, Spain, the Netherlands, Denmark, Germany, Great Britain, Italy and Portugal, although the profession at European level is being regulated in Bulgaria, Estonia, Greece, the Netherlands, Slovakia and Slovenia Bulgaria, Estonia, Greece, the Netherlands, Slovakia and 49
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
Slovenia. Therefore, the guidelines include references on the recognition of qualification only for the Kingdom of the Netherlands where the profession is being regulated. For the other targeted countries where the profession is not being regulated the guidelines provide only information on the profession status. Regarding the current situation in Romania, as shown in Chapter 1, the archivist’s profession is undergoing major transformations, meaning that the Law no. 138/2013 for the amendment and completion of the National Archive Law no. 16/1996, published in the Official Gazette, Part I no. 253 dated May 7th, 2013 has been recently published, and the “Methodology for the unitary application of the provisions laid down in the Law no. 138/2013 for the amendment and completion of the National Archive Law no. 16/1996” is still a project on the date of these guidelines. Based on the new regulations, the National Archives may authorize business operators providing archiving services: storage and conservation, restoration, archiving and binding, archival processing. Therefore the “Methodology for the unitary application of the provisions laid down in the Law no. 138/2013” shall provide extremely clear procedures for each archiving services with reference to the authorization, renewal, suspension and withdrawal of the authorization for the business operators providing archiving services. 50
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
At national level, the business operators shall be recorded in the “Register for business operators providing archiving services” including contact detailed to be posted online too, provided that the regulations on free access to information of public interest are complied with. In the public institutions, the archivist may be employed as a public officer and he/she shall be bound to the Law no. 188/1999 regarding the Status of public officers, updated by the Law no. 2/2013. In the private companies and in the public institutions (where he/she is not employed as an officer), the archivist caries out his/her activity based on an individual employment contract and his/her employment is done in compliance with the Romanian labour legislation. In the Kingdom of Netherlands the archivist’s profession is part of the cultural professions’ category and the competent authority is the Ministry of Education and Science. The recognition is done based on a procedure strictly complying with the Dutch regulations for the implementation of Directive 36/2005 on the recognition of professional qualifications. At
European
level,
there
are
powerful
professional
associations that meet regularly for the improving of the archiving activity. The archivist’s profession is found in every state of the 51
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
world and is based on a framework Code of Conduct elaborated at international level and shown in Chapter 4 in these guidelines. The compliance with the Code of Conduct is a necessary condition for the activity to be carried out pursuant to the worldwide best practice.
52
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
Bibliographic sources: 1. Romulus BENA, Prezentarea SOLVIT la Conferinta de promovare a Sistemului IMI PQ NET Romania, Neptun, 2012; 2. Code of ethics, in “ICA Bulletin” no. 47 (1997-1), pp. 2224 3. Archivist’s Deontological Code, in “Archive Magazine”, nr 2/1997; 4. Occupational standard for the archivist’s profession, on www.anc.edu.ro/uploads/SO_B/archivist.pdf; 5. National Archive Law no. 16/1996, published in “O.G.”, Part I no. 71 dated April 09th, 1996; 6. Law no. 358/2002 amending and completing Law no. 16/1996, published in “O.G.”, Part I, no. 476 dated July 03rd, 2002); 7. Urgency Ruling no. 39/2006, amending and completing Law no. 16/1996, published in “O.G.”, Part I, no. 486 dated June 05th, 2006); 8. Law no. 474/2006, amending and completing Law no. 16/1996, published in “O.G.”, Part I, no. 1016 dated December 21st, 2006, 9. Law no. 138/2013 amending and completing the National Archive Law 16/1996, published in “O.G.”, Part I no. 253 dated May 7th, 2013; 10. Law no. 188/1999 regarding the Status of public officers, republished in “O.G.”, Part I, no. 365 dated May 29th, 2007; 11. Law no. 2/2013 on the update of the Status of public officers, published in “O.G.”, Part I no. 89 dated February 12th, 2013; 53
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
12. Regulation on the organization and performance of the exam for promoting to the public officer category, published in “O.G.”, Part I no. 8 dated January 06th, 2010; 13. http://ec.europa.eu/solvit/site/centres/addresses/index.htm #Romania 14. http://ebna.eu/about-ebna/ 15. www.aesta.gv.at 16. www.anai.org 17. www.archivesnationales.culture.gouv.fr. 18. www.arhivelenationale.ro 19. www.bar.admin.ch 20. www.beroepserkenning.nl 21. www.bundesarchivesde/index.html.de 22. www.dgarq.gov.pt 23. www.duo.nl 24. www.ec.europa.eu/archivalpolicy/eur_arch_group/index_en.htm 25. www.ica.org/11653/page.daccueil/accueil.html 26. http://www.ib-groep.nl/Images/ Erkenning_ EGberoepskwalificaties_cultuurberoepen_tcm7-20343.pdf 27. www.nationalarchief.nl 28. www.nationalarchives.gov.uk
54
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
List of acronyms used IMI – Internal Market Information System; IMI PQ NET Romania – the project called “Creation and consolidation of the IMI network for the Professional Qualifications in Romania"; NA – the National Archives; UE – the European Union; COR – the Romanian Occupational Classification; MECSO – the Ministry of Education, Culture and Science in the Netherlands (MECSO); NUFFIC – the National Centre for Equivalence and Recognition of Diplomas in the Netherlands SOLVIT – The network financed by the European Commission for supporting the citizens and enterprises if there is a dispute between them and an official body in any of the EU Member States; ICA – the International Council on Archives; UNESCO – the United Nations Organization for Education, Science and Culture; EBNA – the European Board of National Archivists (the Association of Executives in the National Archives); EAG – the European Archives Group; ISCO 08 – the International Standard Classification of Occupations;
55
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
56
THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 2013
57