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The Constitutional Court (CCR) analyzes, on Wednesday, the notification of President Klaus Iohannis on the Law on the unlimited mandate of rectors.
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The president sent the Constitutional Court a notification of unconstitutionality of the Law approving the Government Emergency Ordinance 79/2020 for the reform and completion of the National Education Law 1/2011, reports Agerpres.
“Due to the way in which it was adopted, the law that is deduced from the constitutionality control contradicts the provisions of art. 61 subsection 2) and art. 75 subsection 1) of the Constitution, the jurisdiction of the first notified Chamber being violated “, it appears in the CCR notification, requesting the verification of unconstitutionality of the normative act, as a whole.
The President mentions that GEO 79/2020, approved by the criticized law, modifies and completes Law 1/2011 on the preparation and approval of study plans for military secondary education and regulates the income by distribution of graduates of this type of education in educational institutions. military superior, given the context generated by the current COVID-19 pandemic. Likewise, the normative act eliminates the provision according to which the rectors’ mandates were limited to two successive terms, and these may be renewed without any limit; states that psycho-pedagogical training should also provide digital skills to organize the online learning process; stipulates that the continuous training of teachers, management, guidance and control must also provide digital skills for the organization of the online learning process.
According to the Head of State, as the first competent Chamber, the Chamber of Deputies approved this bill, operating on the aforementioned ordinance two modifications, necessary to comply with the legislative technique norms, as well as two completions, relative to the provisions of the Law 1/2011, regarding the inclusion of digital competences for the organization of the online learning process, respectively for the continuous training of teaching, managerial, guidance and control staff, which must also provide digital competences for the organization of the process online learning.
The Senate approved the law with a series of six modifications, Iohannis recalls, adding that Law 1/2011 was also modified, with a completely different regulatory object from that considered by the initiators and the one adopted by the First Chamber. Practically, the Chamber of Decisions also adopted another regulation, without any link with those adopted by the First Chamber or with the content of GEO 79/2020. Thus, in the Senate, paragraph (7) of Article 213 of Law 1/2001 was modified, in the sense of eliminating the provision by which the mandates of the rectors were limited to two successive terms, and these may be renewed without any limitation ”, Explains the president, pointing out, in this context, that the law was significantly modified. the first Chamber notified.
It considers that in this way the principle of bicameralism has been violated. We consider that, in fact, the new legislative change is substantial, with important consequences, representing a radical change in the legislative philosophy, with effects on the managerial vision of the management of university institutions. Thus, the management of higher education institutions is achieved through a mechanism. In addition to the integrity perspective, this mechanism also has a component related to the way in which management positions are held, including the rector, which is also important in terms of deciding on the people who hold management positions at the university level ” , is shown in the notification to the RCC.
More precisely, according to the head of state, the National Education Law 1/2011 establishes mainly, in charge of the rector, the organization of the public competition for the positions of dean and their selection, as well as the appointment of vice rectors and the maintenance of the director general administrative based on your written agreement. executive support of the new rector’s management plan. Therefore, any legislative change related to the management of universities is an intervention with a significant impact on the internal democracy of higher education institutions.
President Iohannis maintains that the final form of the law, by removing the limitation on the number of terms that rectors can obtain, radically deviates and without any objective justification from the original purpose and philosophy of the law, which aimed exclusively at measures on education higher. military and the necessary measures in the context of the current pandemic.
The president considers that an increase in the quality of the management of higher education institutions can only be achieved if the mechanisms that guide the decision-making process of managerial positions in the university environment are established with precision, ensure representation, dialogue and public debate.
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