III. PRACTICI INSTITUŢIONALE Unele aspecte referitoare la autonomia universitară în jurisprudenţa Curţii Constituţionale a României
III. APPLIED STUDIES. INSTITUTIONAL PERSPECTIVES Certain Aspects Concerning University Autonomy in the Case Law of the Constitutional Court of Romania

Summary/Abstract: In this article, we will analyse the principle of university autonomy, established in the provisions of article 32 paragraph (6) of the Constitution of Romania, as republished, and currently defined in the Higher Education Law no. 199/2023, with subsequent amendments and completions, by virtue of the provisions of article 32 paragraph (5) of the Constitution, which establish the conduct of education at all levels, under the terms of the law. Relevant aspects regarding the dimensions of university autonomy (strategic, financial, patrimonial, organizational and functional), as well as the concrete characteristics of these dimensions, are reflected in the case law of the Constitutional Court of Romania. According to the considerations expressed by the Constitutional Court, the legal regime of university autonomy is the same, regardless of the form of ownership of higher education institutions, i.e. public or private, from the perspective of the purpose envisaged by the legislator, namely, increasing the quality of the educational process. For the same purpose, the case law also shows that even if the volume of teaching activities is limited, this is likely to determine teachers to devote themselves to a greater extent to scientific research. Given that university autonomy represents a guarantee of the right to education, the Constitutional Court has shown that it should not generate the absolute independence of universities, in accordance with the existing situation at European level, in terms of ensuring the quality standards specific to the European Higher Education Area, as well as the European Research Area. That is why it is important to find a balance between the purpose and the means of exercising university autonomy, in all its dimensions, which must be put into practice in compliance with the letter and spirit of the law, in order to serve efficiently and effectively to achieve the fundamental right to education, in accordance with quality standards.

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