W sprawie rządowych projektow ustaw: Prawo o szkolnictwie wyższym i nauce (druk nr 2446), przepisy prowadzające ustawę — Prawo o szkolnictwie wyższym i nauce (druk nr 2447) (opinia pierwsza)
On the Government’s bills: Law on higher education and science (print no. 2446), Introductory provisions to the Law on higher education and science (print no. 2447) (first opinion)
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The opinion refers to the bills: Law on higher education and science and Introductory provisions to the Law on higher education and science. The author critically analyzes the bills, focusing mostly on the first one. Legislative fl aws are pointed out, referring in particular to the structure of the bill, the lack of proper and express specifi cation of the used terms or numerous references to regulations of the Minister of Education and Higher Science. It is also pointed that the proposed organizational formula of the higher schools structure may potentially violate Article 70 para. 5 of the Constitution of the Republic of Poland, which guarantees the autonomy of the institutions of higher education. Moreover, the author pinpoints the restriction of the decision-making power of collegial bodies for the benefit of the rector’s centralized position, which will result in limiting the rights of collegial bodies of the institutions of higher education, mostly the senate and faculty councils. The author concludes that the opined bills require far-reaching conceptual as well as formal-structural changes.
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