On the contradiction between provisions in the current legislation as a violation of the principle of the rule of law Cover Image

Противоречието между разпоредби в действащото законодателство като нарушение на принципа на правовата държава
On the contradiction between provisions in the current legislation as a violation of the principle of the rule of law

(Analysis of the new legal regulation regarding the choice by the Faculty Council when appointed to academic post)

Author(s): Ivaylo Ivanov Staykov
Subject(s): Social Sciences, Education, Law, Constitution, Jurisprudence, Higher Education
Published by: Нов български университет
Keywords: University; Academic Staff; Academic Development; Faculty Council; Academic Post; Rule of Law; Violation of the Constitution; Rulemaking

Summary/Abstract: The subject-matter of the scientific study is one of the aspects of the recent amendments in the Act on the Development of the Academic Staff in the Republic of Bulgaria, made in March 2018. In particular these are the complements in Article 23 (1) and in Article 27а (2), the newly adopted paragraph 3 of Article 27а as well as the newly adopted first three paragraphs of Article 29c. The amendments in the three specified provisions reveal common contents, social and legal designation and are relevant to the procedure to be appointed to the academic posts „senior assistant“, „associate professor“ and „professor“ in the final stage of that procedure namely the choice by the Faculty Council. The aim of the scientific study is not only to present the new legal regulation with regard to that aspect of the procedure to be appointed to one of the said academic posts but also to mention and to analyse the next in the line violation of the principle of the rule of law, made by the Bulgarian legislator by the establishment of internally contradictory and mutually excluding legal regulation in the uniform national legal system

  • Issue Year: 2018
  • Issue No: 1
  • Page Range: 10-28
  • Page Count: 18
  • Language: Bulgarian