Acta Iuris Stetinensis (2015-01-01)

Weryfikacja uchwał organów kolegialnych szkół wyższych

  • Jan Dytko

Journal volume & issue
Vol. 10

Abstract

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One of the manifestations of the autonomy of an academy is the activity of issuing resolutions by proper academy collegial bodies. Although acts (resolutions) of these bodies are not included in the constitutional system of sources of law, they are a source of internal administrative law. Their construction is based on the principles of legislative technique, hence should be properly edited and conform with the acts of general application. Academy is the primarily recipient of these resolutions qua users of an administrative facility and, therefore, resolutions posit a form of an implementation of the rulership. This sort of legislation comes under supervision with the possible effect of the annulment thereof. The use of such a penalty is a result of violations of the law or the statute of the university by a resolution of the faculty council or the senate. Yet this is not a definite penalty because the supervision of legislation comes under the control of the administrative court by means of complaint. Such a complaint is derived from the autonomy of an academy. Eventually, it is the administrative court that can decide both about the legality of the resolution of a collegial body and the supervision of the legality of that resolution. Translated by Jan Dytko

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