Published: 2026-10-06

Assessment of the legality of the university’s internal authority acts within the judicial review of the decision on removal from the student register. Commentary on the Supreme Administrative Court judgment of July 7, 2026 (III OSK 3316/23)

Agnieszka Ziółkowska
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.6336

Abstract

The main thesis of the paper demonstrates that judicial review of decisions concerning student removal extends to an incidental review of internal university acts and material-
technical measures. The research questions address the scope of review under Article 135 of the Law on Proceedings Before Administrative Courts, the limits of administrative discretion under Article 108(2)(3) of the Law on Higher Education and Science, and legal safeguards
protecting students against arbitrariness on the part of university authorities. The methodology encompasses legal-dogmatic and case-law analyses, along with elements of comparative law. The findings show that the authorities exceed the bounds of administrative discretion when issuing a decision without a comprehensive determination of the facts, particularly where organizational dysfunction within the university prevented the student from fulfilling
their regulatory obligations. The de lege lata conclusions advocate a broad interpretation of incidental review covering internal acts and administrative-technical measures. The de lege ferenda proposals and recommendations for internal practice include training in administrative procedure (Code of Administrative Procedure), legal design implementation, student participation in rulemaking, and the principle protecting individuals from the consequences of procedural irregularities (Article 8, Code of Administrative Procedure).

Keywords:

internal university authority, university autonomy, student removal, jurisdiction of administrative courts, internal act

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Citation rules

Ziółkowska, A. (2026). Assessment of the legality of the university’s internal authority acts within the judicial review of the decision on removal from the student register. Commentary on the Supreme Administrative Court judgment of July 7, 2026 (III OSK 3316/23). The Opole Studies in Administration and Law, 22(1). https://doi.org/10.25167/osap.6336

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