2020-12-04

The Constitutional Court: the obligation of the Ombudsperson to revoke a decision regarding the award of a higher education qualification is not in conflict with the Constitution

By the ruling of the 3rd of December 2020, the Constitutional Court has recognised that the right granted to the Ombudsperson for Academic Ethics and Procedures by the Item 2 of Paragraph 11 of Article 17 of the Law on Science and Studies to oblige to revoke a decision to award a higher education qualification is not in conflict with the Constitution.

In its ruling, the Constitutional Court emphasized that the activities of the Ombudsperson for Academic Ethics and Procedures are aimed at contributing to the improvement of standards of academic ethics and, at the same time, of the quality of higher education.

The Constitutional Court also noted that the obligation of the state arising from Paragraph 4 of Article 40 of the Constitution to ensure the quality of higher education presupposes, among other things, the monitoring of compliance with the standards of academic ethics and procedures, and under Paragraph 3 of Article 40 and Paragraph 1 of Article 42 of the Constitution, the autonomy guaranteed to higher education institutions does not create preconditions for disregarding academic ethics and procedures in the conduct of scientific and study activities.