Bestowal of the First Statutes upon a Nonpublic University

Jan Dytko

Uniwersytet Jana Kochanowskiego w Kielcach , Poland


Abstract

Statute of an University is the manifestation of an autonomy of the latter. It is an intersystemic act that do not contain universally applicable norms because it is addressed to inner circle of recipient. Questions that are normalized by a statute are determined by Law on Higher Education. Authorization to regulate the statute can be mandatory or optional just in case the regulation does not go beyond the scope of the delegation granted. The only accountable subject for the conferral of the first statute to a non-public University is a legal person except for government or local governments. Statute conferral is a powerful privilege for the founder of the university, however, that does not exempt him from compliance with the principle of legality. The first statute of non-public University encompasses no only systemic issues, but also staff and financial matters, and it regulates the area of scientific activity.

Keywords:

non-public university, statute, statutory matter

Izdebski H., Zieliński J. M., Prawo o szkolnictwie wyższym. Komentarz, Warszawa 2015;

Pyter M. (red.), Prawo o szkolnictwie wyższym. Komentarz, Warszawa 2012;

Sanetra W., Wierzbowski M. (red.), Prawo o szkolnictwie wyższym. Komentarz, Warszawa 2013;

Szadok – Bratuń A. (red.), Nowe prawo o szkolnictwie wyższym a podmiotowość studenta, Kolonia Limited 2007;


Published
2017-06-30


Dytko, J. (2017). Nadanie pierwszego statutu niepublicznej szkole wyższej. Studia Prawnicze KUL, (2), 39–53. https://doi.org/10.31743/sp.3321

Jan Dytko 
Uniwersytet Jana Kochanowskiego w Kielcach



License

The Author declares that the Work is original and does not infringe any personal or proprietary rights of third parties, and that She/He has unlimited rights to the Work which are the subject of the Agreement signed with the Publisher.

Author of the publication transfers to the Publisher the economic copyrights to the Work (article) submitted for publication, free of charge, without time and territorial restrictions in the following fields of use:

a) production, recording and reproduction of the copies of the Work by a specific technique, including printing, magnetic recording and digital technology;

b) marketing, lending or rental of the original or copies of the Work, and distribution in the form of open access, in accordance with the license Creative Commons Attribution 4.0 International (also known as CC BY), available at: https://creativecommons.org/licenses/by/4.0/legalcode.pl;

c) inclusing the Work in the composition of the collective work;

d) publishing on the website of the journal, public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, and making the Work available to the public in such a way that everyone can have access to them in a place and at a time chosen by them;

e) uploading the Work in an electronic form to electronic platforms or other uploading of the Work in an electronic form to the Internet or other network.

The proprietary copyright to the Work is transferred to the Publisher free of charge upon signing the contract wit the Publisher.