The Status of an Academic Teacher as a Public Officer. Comments in the Context of the Law on Higher Education and Science Cover Image

Status nauczyciela akademickiego jako osoby pełniącej funkcję publiczną. Uwagi na tle ustawy Prawo o szkolnictwie wyższym i nauce
The Status of an Academic Teacher as a Public Officer. Comments in the Context of the Law on Higher Education and Science

Author(s): Robert Krzysztof Tabaszewski
Subject(s): Social Sciences, Education, Law, Constitution, Jurisprudence, Higher Education
Published by: Temida 2
Keywords: higher education; academic teacher; person performing a public function; public officer; rights and obligations; legal liability; szkolnictwo wyższe; nauczyciel akademicki

Summary/Abstract: The subject of this article is the legal status of an academic teacher as a person discharging a public function under the applicable Law on Higher Education and Science of 20 July 2018. It examines whether and to what extent the current regulation has affected the sphere of rights and obligations of an academic teacher who is a public official in special situations. In particular, the legal status of academic teachers and the status of public school teachers are compared. The author shows that the Law on Higher Education and Science does not contain a provision explicitly granting an academic teacher the status of a person performing a public function. This status is recognised in the rulings of common and administrative courts. Lawyers also recognise that an academic teacher, as a person employed at a university, that is, a unit with public funds, performs public functions. The article also describes the degree of legal responsibility of an academic teacher towards other entities.

  • Issue Year: 4/2020
  • Issue No: 25
  • Page Range: 173-186
  • Page Count: 14
  • Language: Polish