Defining the university area. Legal problems and demands Cover Image

Określanie terenu uczelni. Problemy prawne i postulaty
Defining the university area. Legal problems and demands

Author(s): Mariusz Kusion
Subject(s): Law, Constitution, Jurisprudence, Public Administration, Public Law, Higher Education
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: higher education institution; university area; rector; local government; Art. 227 part. 2 of the polish Higher Education Law;

Summary/Abstract: The article analyzed the content of Art. 227 part 2 of the polish Higher Education Law (from 27 July 2005). In accordance with this rule the rector determines the university area in consultation with the competent authority of local government. There were indicated numerous ambiguities associated with the application of this rule as well as his implications on the field of administrative, civil and criminal law. It proposed several methods for determining the university area. It was also found de lege lata that if the university area designations are within the territory of more than one municipality, the right solution seems to be agreement between rector and the council of each of these municipalities individually. If the subject would exceed the capacity of the municipality (or municipalities) authorities, then, according to the principle of subsidiarity, district would be appropriate unit of local government, followed by the voivodeship.

  • Issue Year: XIV/2014
  • Issue No: 4
  • Page Range: 201-216
  • Page Count: 16
  • Language: Polish
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