Abstract
The implementation of academic freedom can be difficult both for policymakers and university authorities. A good example of these difficulties is the case of Poland. These difficulties stem from three factors: a weak legal tradition of academic freedom, a lack of legal definition of this freedom and the transition of Polish universities from the collegial to the managerial management model. This article analyzes the impact of these three factors on the situation of Polish scientists. It is very plausible that the introduction of a legal definition of academic freedom to the Law on Higher Education and Science could mitigate the tendency to limit academic freedom in Poland. Such a definition would make it difficult for governments, faculty and university authorities to interfere with this right and make it easier for researchers to assert their rights in court.
Highlights
Academic freedom is understood as “the right, without constriction by prescribed doctrine, to freedom of teaching and discussion, freedom in carrying out research and disseminating and publishing the results thereof, freedom to express freely their opinion about the institution or system in which they work, freedom from institu‐ tional censorship and freedom to participate in professional or representative aca‐ demic bodies” (UNESCO, 1997)
This paper analyzes these issues beginning with an analysis of the higher education legislation issued in Poland since 1918, jurisprudence of the constitutional court, as well as an analysis of actions taken by the decision-makers and universities themselves
The Constitutional Court (Wyrok z dnia 25 listo‐ pada 2008 r., sygn. akt K 5/08, at para V.4.1 and V.5.2.4) states that academic free‐ dom may be limited in individual manifestations of its implementation due to the rights and freedoms of other people
Summary
Academic freedom is understood as “the right, without constriction by prescribed doctrine, to freedom of teaching and discussion, freedom in carrying out research and disseminating and publishing the results thereof, freedom to express freely their opinion about the institution or system in which they work, freedom from institu‐ tional censorship and freedom to participate in professional or representative aca‐ demic bodies” (UNESCO, 1997). This article indicates how the implementation of academic freedom at Polish uni‐ versities is affected by the insufficient legal tradition of academic freedom, the lack of a legal definition of this freedom and the transition of Polish universities from the collegial to the managerial management model This paper analyzes these issues beginning with an analysis of the higher education legislation issued in Poland since 1918, jurisprudence of the constitutional court, as well as an analysis of actions taken by the decision-makers and universities themselves. Akt K 5/08, at para V.4.1 and V.5.2.4) states that academic free‐ dom may be limited in individual manifestations of its implementation due to the rights and freedoms of other people This court explains that conducting scientific research cannot be a cover for violating dignity, privacy or freedom of conscience and religion of other people.
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