Legal regulation of the scientific council of the Institute of Environmental Protection – National Research Institute Cover Image

Prawna regulacja Rady Naukowej Instytutu Ochrony Środowiska – Państwowego Instytutu Badawczego
Legal regulation of the scientific council of the Institute of Environmental Protection – National Research Institute

Author(s): Tomasz Dąbrowski
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Administrative Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: environmental law; research institute; scientific council

Summary/Abstract: In the specialised literature on the subject, there is a noticeable lack of studies dealing with the issue of legal aspects of the functioning of a scientific council of a research institute. No one has even attempted to present the legal regulations for the operation of such a council in a specific institute. The aim of this article is to analyze the legal regulations concerning the scientific council of the Institute of Environmental Protection – National Research Institute. The text presents the history and legal regulations regarding the structure and functioning of this body, and discusses the historical aspects of its creation, the composition and the process of appointing and dismissing members of the scientific council, their rights, and obligations, as well as the tasks of the council. The procedure of deliberating and adopting resolutions is presented, as well as the method of documenting the activities of this body. The subject of the study is, on the one hand, the presentation and characterizationof the institute’s scientific council, and on the other hand, the proposal of new legal solutions covering various aspects of the organ’s operation. Their introduction would translate into an improvement in the functioning of the insti tute, the activity of which is in line with the activities of the state. The practice of functioning of the amended provisions contained in the Act on ResearchInstitutes, which refer to the scientific council, in the opinion of the author of the text, indicates that they require clarification or re-regulation of certain issues at the level of statutory provisions. The final conclusions indicate thatthe scientific council is a decision-making, initiating, opinion-making and advisory body in the field of the statutory activities of the institute and in mattersof the development of scientific and research and technical staff. Its powers constitute a closed catalogue and are enumerated by the legislator. As a collegiate body, the council operates based on the provisions of the Act on Research Institutes, the statute of the institute, as well as the provisions of the regulations adopted by it. These regulations, as an internal act, should be adaptedto the needs of a particular Scientific Council. It must be in writing and should not conflict with the provisions of the law or the statute. All board members should be involved in the development of the bylaws of the board – which isoften overlooked in practice. It is crucial that the regulations precisely regulate issues such as the organization of the scientific council, committees, andteams, as well as the way the council works and adopts resolutions.

  • Issue Year: 2022
  • Issue No: 58
  • Page Range: 77-102
  • Page Count: 36
  • Language: Polish