Посебан управни поступак избора у научно-наставна, умјетничко-наставна звања на универзитетима у Републици Српској
The Procedure of Election of University Teachers in Republika Srpska

Author(s): Jelena Starčević
Subject(s): Law, Constitution, Jurisprudence, Higher Education
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Administrative procedure; Administrative act; Res administrativa; Special administrative procedure; Higher education institution; University; Faculty; Academy;Appointment procedure;Teachers;Associates
Summary/Abstract: The procedure of awarding scientific-teaching and artistic-teaching titles to university teachers is one of the most complex administrative procedures in legislation of Republika Srpska. The complexity of this procedure results from several facts:in the first place, the multitude of legal acts governing this procedure, given that it is regulated by acts of the universities, of which there are currently nine, while the Law on Higher Education only provides for the minimum conditions for election but not the procedure in detail. Then comes diversity, i.e. heterogeneity of regulations: the fact that the regulations of the universities are not harmonized with each other and there are significant differences between them hinders significantly the mobility of teachers and associates from one university to another. Finally, the complexity of large number of independent and collegial bodies participating in this procedure. Harmonization of regulations concerning conditions for awarding titles was conducted (or at least an effort was made to do so) by the Law adopted in 2020, which stipulated minimum conditions for awarding titles and set the grounds for adoption of one more general acts - Rule book on criteria for awarding titles. However, the work on this act has not been completed yet because there is a disagreement in the academic community regarding some important questions. The paper, through a comparative review , analyzes systematically the procedure for awarding titles, stages in the procedure , legal inconsistencies, legal gaps and gives proposals to promote the situation. The paper also takes note of the relationship between general and specific laws in this area and indicates the importance of respecting general legal principles of administrative procedure when deciding on this issue.

• Details
• Contents