Konstytucyjne prawo do zaskarżania orzeczeń a problem kwestionowania rozstrzygnięć prezydium Polskiej Komisji Akredytacyjnej
Constitutional Right to Challenge the Decisions Issued at First Instance and the Problem of Contesting the Resolutions Adopted by the Polish Accreditation Committee

Summary/Abstract: The article deals with the conformity to the Polish constitution of legal regulations concerning appealsagainst decisions (resolutions) of the presidium of Polish Accreditation Committee. This measureplays a special role in the process of improving the quality of education in Polish universities andachieving educational standards applicable both in the European and global scientifi c community.The main objective of its functioning is to carry out mandatory assessments of the quality of educationand to provide opinion on applications to establish new fi elds of study. There is no doubt thatthe Committee, through these activities, signifi cantly infl uences the form of higher education in Poland.Its decisions determine the legal situation of both the university, lecturers and students, and undoubtedlyimpinge on their constitutional rights and freedoms. Under the constitution, settlementsof the Committee should be subject to direct judicial review. The question arises of whether the adoptedmechanisms of review of the resolutions of the presidium of the Committee meet the constitutionalstandards. Answering this question required deliberations in the context of the Constitution, ordinarylegislation, as well as the jurisprudence of administrative courts, including case law of theSupreme Administrative Court and the Constitutional Tribunal. The fi nal section presents conclusionsand de lege ferenda postulates.

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