Przeglądaj wg Słowo kluczowe "uprawnienia PKA"

Teraz wyświetlane 1 - 2 z 2
  • Miniatura
    Pozycja
    Jakość zmian prawa o szkolnictwie wyższym, a orzecznictwo Trybunału Konstytucyjnego w zakresie nadzoru fachowego nad uczelniami
    (Oficyna Wydawnicza AFM, 2019) Bednarczyk-Płachta, Agnieszka
    When in 2005 the system of higher education was reformed, the provisions concerning the then National Accreditation Commission were confusingly similar to those under the current law (Act of 20 July 2018 Law on Higher Education and Science, Dz.U. 2018, item 1668). Th e sign at which work on this legal act was carried out indicated the modernity and innovativeness of solutions that aim to reform the higher education system and create it almost new in a modern way, according to the highest quality standards. Th is time, it is not enough that norms have returned to legal circulation, which do not have much in common with the innovativeness of the 2.0 act, yet most of them have been declared unlawful by the Constitutional Tribunal under the previous law. As a result, most of the rulings of the Constitutional Tribunal and administrative courts issued before 2018 are also valid in the new legal reality. It is diffi cult to understand the legislator’s intention, which guided him in creating the law, especially that the legal changes take place during the same minister term of offi ce. At that time the legal rules about Polish Accreditation Commission were declared as not legal, according to the CT jurisprudence. Th is led to the removal of infringements, and although it partially improved the possibility of protecting the institutional rights of the university in the fi eld of supervision, including expert supervision. Th e idea that the academic community would participate in the creation of the new law 2.0 seemed to be wright, and gave hope for the creation of not only modern, but also correct in terms of constitutionality of law. However, it happened diff erently. Th e reasons for this are diverse, and their details will be found in subsequent publications. On the basis of this article, the scope of provisions on subject of professional supervision will be indicated, what in their essence is aff ected by the defect of unconstitutionality. By comparing the legal status before the entry into force of Act 2.0 and the current provisions, the manner of law creation in Poland and the lack of professionalism in this area will be highlighted. Reproduction of bad solutions and ignorance of case law, as well as the history of changes in the higher education system is a direct refl ection of the current statutory provisions.
  • Miniatura
    Pozycja
    Studia Prawnicze. Rozprawy i materiały nr 1 (24), 2019
    (Oficyna Wydawnicza AFM, 2019) Zięba-Załucka, Halina; Czaja-Hliniak, Irena; Kohutek, Konrad; Duminică, Ramona; Pirvu, Adriana; Wolak, Grzegorz; Więzowska-Czepiel, Beata; Bednarczyk-Płachta, Agnieszka; Jakimiec, Daniel; Zinkiewicz, Beata; Maślanka, Mateusz; Śmiałek, Paweł; Laskowski, Rafał; Szaplonczay, Aleksandra