Polish Accreditation Committee: Enfant terrible of the Polish legal regulation of higher education?

Abstract

Higher education and science are important areas of activity for most modern countries. An extremely important issue, especially in the face of mass enrolment in higher education, is the assessment of the quality of education carried out by entities external to universities. In Poland, since 1 January 2002, such an evaluator has been the Polish Accreditation Committee (originally called the State Accreditation Commission). The legal status of this institution and the resolutions it issues have raised serious doubts for many years, both in legal doctrine and case law, which intensified after the entry into force of the Act of 20 July 2018 – Law on Higher Education and Science. The study aims to analyse and assess the regulation shaping the Polish Accreditation Committee’s legal position in force since October 1 2018 and to answer the following questions: Is it at all possible to determine the legal position of the Polish Accreditation Committee? What is its legal status, and what is the nature of the resolutions it issues? Finally, does the state exercise sufficient control over the activities of this Committee? The research showed that the status of the Committee and the legal nature of its resolutions cannot be clearly defined. Based on the conclusions, de lege ferenda postulates were formulated, including the introduction of state control mechanisms over the Committee’s activities and guaranteeing universities the right to challenge its resolutions in court, a right that is currently unavailable.