Challenges of the Knowledge Society (May 2018)
THE LIABILITY OF THE PHD CANDIDATE AND OF THE MEMBERS OF THE DOCTORATE PUBLIC SUSTENANCE COMMISSION FOR INFRINGEMENTS OF DEONTOLOGY RULES IN THE ACTIVITY OF THESIS ELABORATION
Abstract
The present paper proposes an analysis of the liability of PhD candidates and members of the doctorate commission for infringements of the deontology and ethics of the elaboration of a PhD thesis. In last years, Romania toughened the control over the compliance of PhD researchers and the professors monitoring this compliance with the rules of deontology and ethics of scientific research accomplished in the process of formulating the doctorate thesis. These legal standards are regulated mainly by Law on National Education no. 1/2011 and Government Decision no. 681/2011for the approval of the Code on PhD Studies. This kind of control passes many filters inside the university organising the doctoral studies but also an extern evaluation conceived in two rounds, one before the conferral of the PhD title and another afterwards, by the National Council on Attestation of Titles, Diplomas and University Certificates (CNATDCU). The form of liability of PhD candidates when infringing deontology rules in the process of elaboration of doctorate thesis is mainly disciplinary, though in certain cases could be based upon non-compliance with the contractual obligations. The liability of the doctorate commission members is predominantly administrative-disciplinary and in some specific situations based on the law of torts. The study compares the Romanian model of regulation of the matter with the legal provisions on the same topic from France, Italy and the United Kingdom. Reference are made on the role of the state organisms on research evaluation, such as CNATDCU (in Romania), Hcéres (in France), UKRIO (in the United Kingdom) and ANVUR (in Italy).
