Klauzula sumienia nauczycieli akademickich? Charakter prawny i zakres artykułu 275 ustęp 1a ustawy – Prawo o szkolnictwie wyższym i nauce
A Conscience Clause for Academic Teachers? The Legal Nature and Scope of Article 275(1a) of the Law on Higher Education and Science

Summary/Abstract: One of the first effects of the operation of Article 275(1a) of the Law on Higher Education and Science was the discontinuance, on 5 September 2022, of disciplinary proceedings against Prof. Ewa Budzyńska by the Disciplinary Committee at the Minister of National Education. The study adopts a structure of analysis somewhat different from the traditional one, owing to the peculiar two-part nature of the issues involved. The first part discusses Prof. Budzyńska's disciplinary case and proposes an assessment of her statements in light of the provisions of the Law on Higher Education and Science prior to the introduction of the academic freedom package; the second part discusses the newly introduced Article 275(1a), together with a critical analysis of the assumptions underlying the provision, its legal nature, and the negative consequences of the amendment in the area under discussion. The media attention this case attracted, and its significance, emphasized by the authorities, representatives of the Church, and numerous commentators alike, calls for another look at the rationale, legal nature, and scope of Article 275(1a) from the perspective of a single disciplinary case. The analysis conducted allows the following conclusion to be drawn: Article 275(1a) of the Act, constituting a statutory superfluum, is a kind of academic conscience clause; its presence in the legal system causes, or may cause, numerous negative consequences, hence the proposal for its removal.

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