Avtonomija univerze v luči slovenske in evropske ustave ter Bolonjske deklaracije

slovenian

2005

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

Autonomy of universities does not mean just a constitutionally guaranteed right (Article 58 of the Constitution) for universities to autonomously pass their internal acts, but rather that the state is bound to respect fundamental substance of the autonomy of universities in its legal regulation of higher education. Therefore, it is important to define the substance of the autonomy of universities and criteria through which it could be judged if the state's actions are within the sphere of allowed. In the EU, regulating the education is within the jurisdiction of the member states, but due to general integration processes the differences among various educational systems are becoming smaller. It is not a process of unification, but rather harmonization, on both levels - normative and in the reality. It is in this sense that relevant provisions of the Treaty on the European Communities and the Treaty establishing a Constitution for Europe should be understood. Various measures are therefore only of political nature and do not have legal force. But from their substantive aspect, they are very effective and in such a way they represent a substantive legal source. Most representative case is the so called Bologna Declaration which was adopted by ministers of education in 1999 and which is now crucial for various reforms in higher education initiated throughout Europe.

26.01.2021