Konstytucyjność uregulowań w zakresie nadzoru fachowego nad szkołami wyższymi w Polsce na gruncie ustawy Prawo o szkolnictwie wyższym i nauce

Abstract

The Polish Accreditation Committee (Polska Komisja Akredytacyjna – further as „PKA”) is an entity authorised to conduct control activities supporting the minister’s supervisory competencies. The institution aroused great controversy from the very beginning. The procedures and operating principles, as part of professional supervision, have been declared as unconstitutional. Despite the fact that the decisions issued by the Constitutional Tribunal are generally applicable, it’s not known why the legislator feels he is released from his obligation to comply with the Tribunal’s decisions, putting into legal circulation regulations which are already considered unconstitutional. In the field of regulations on professional supervision over universities the presented situation not only undermines the fundamental rights of universities, as entities external to public administration, but also has the direct impact over citizens’ rights – students studying in controlled universities. The presented study discusses the law regulations of higher education and science in the scope of the procedures and competences given to the PKA in terms of their compliance with the Constitution. Comparing previously applicable higher education law before and after Constitutional Tribunal’s passed verdict from 2013 (which stated the unconstitutionality of regulations in the scope of the control procedure carried out by PKA) with applicable law allows to support the thesis about the unconstitutionality of new regulations introduced in this respect and depriving universities of the right to an effective defence. Derived conclusions clearly indicates that the new law, which in its assumptions was to be better and revolutionize higher education in Poland, is another legal act requiring a thorough change from the very beginning, which does not improve the legal situation of universities in Poland in the examined scope, and in some aspects makes the situation much worse.