The admissibility of opening a new field of study by a private university undergoing restructuring proceedings
Abstract
This study deals with the issue at the interface between constitutional rights and
freedoms in the Republic of Poland, administrative law and insolvency law. The question
arises whether the Law on Higher Education and Science constitutes the basis for the
Minister of Education and Science to refuse to grant permission for the establishment of
new majors by a university in restructuring, due to the university’s failure to regulate the
arrangement obligations in the restructuring, covered by the statutory moratorium on their
repayment? The above dilemma may be the subject of an interesting legal dispute. On the
one hand, the right to education must be taken into account. On the other hand, financial
stability is required from a university creating a new field of study. The study presents the
view in which the establishment of a new field of study by a university under restructuring
is allowed. It is also a contribution to research on the legal position of an “atypical”
debtor in restructuring.
Keywords:
university, restructuring, the right to education
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