Published: 2019-09-17

Gloss to the decision of the Provincial Administrative Court of 2 February 2017, II SA/Op 577/16

Dariusz Mucha
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.1190

Abstract

In the judgment with commentaries, the Provincial Administrative Court in Opole made a statement concerning the penalty of expulsion from a higher education institution as a disciplinary penalty declared only by disciplinary committees. From the point of view of the judgment with commentaries, it is of importance to specify that this penalty is not of “life-long” nature, nor dśs it result in deprivation of the right to study in other institutions. The author approves of the position held by the judgment with commentaries and claims it to be an accurate and significant voice of the judiciary, which may prove substantial in eliminating legal ambiguities (and absurdities) arising as a result of applying the provisions of law in regard to responsibilities of higher education students, drawing attention to the incomplete and insufficient form of the provision of the relevant legal regulation.

 

Keywords:

gloss, nature of the expulsion penalty, student, right to study, disciplinary committee, disciplinary offence, law on higher education, disciplinary responsibility

Download files

Citation rules

Mucha, D. (2019). Gloss to the decision of the Provincial Administrative Court of 2 February 2017, II SA/Op 577/16. The Opole Studies in Administration and Law, 16(2), 245–257. https://doi.org/10.25167/osap.1190

This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.