Pravo (Mar 2021)

LEGAL NATURE OF HIGHER EDUCATION INSTITUTIONS BYLAWS AND THEIR PLACE IN THE HIERARCHY OF LAW

  • Darko Golić ,
  • Svetlana Marković

DOI
https://doi.org/10.5937/ptp2101025G
Journal volume & issue
Vol. 38, no. 1

Abstract

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The goals of higher education are achieved through the activities of higher education institutions, which are, in accordance with their guaranteed autonomy, performed on a basis of their bylaws and general policies. The law determines which subjects have a public authority, which subjects are competent to adopt the relevant acts as well as the general range of issues regulated by these acts. The Constitution of Republic of Serbia guarantees that everyone has the right to higher education and, in that regard, the Law on Higher Education of Republic of Serbia regulates the system of higher education, conditions, and methods of performing higher education activities including the basics of its financing and other issues. Management bodies and professional bodies of higher education institutions are specialized in adopting one type of legal acts. In this way, it is enabled these acts, according to their nature or subject matter, to be adopted appropriately. Therefore, higher education institutions, pursuant to the Law on Higher Education, regulate the area of their activities by adopting statutes, regulations, rules of procedure, and other bylaws. The aim of this paper is to point out the legal nature of higher education institutions bylaws as well as their place in the hierarchy of the legal system, and, thus, in the higher education system of Republic of Serbia.

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