The postulate of the selective deregulation in higher education

Abstract

This article is dedicated to the issues of deregulation in terms of the matters covered by the Act Law on Higher Education from 2005. After further amendments to the Act in 2011, 2014 and 2016 the postulate of deregulation in the system of higher education has been clearly formulated in the public debate. It is important to raise the question whether or not its boundaries need to be defined. And if so, what are their nature and on what grounds they should be identified. The author of this article aims at defining such boundaries. In the paper, these issues were analyzed considering the scope and nature of the desired constraints. We define specific areas that have be regulated by legal framework. This means that the implementation of the deregulation should be selective, excluding certain issues from its scope. The composition of the article is as follows. Once introduced into the issue, the author presents arguments for the need to preserve higher education as a regulated sphere. The postulate of deregulation and its determinants are then introduced, distinguishing grammatical, functional and executive deregulation. In this context, the postulate of deregulation of selective character is formulated. Following the recognition of the importance of the
constitutional principle of university autonomy, the postulated relationship Law – University Statute with regard to regulatory competences is presented. In conclusion, the author points out that the proposed deregulation with certain constraints fit well into the desired developmental conditions of the legal framework in the area of governance in higher education. In the Appendix, the author cites fragments of documents highlighting the importance of good practices in the area of lawmaking in higher education and science.