Browsing by Author "Wojtczak, Krystyna"

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    Habilitacja jako warunek awansu naukowego w Polsce w latach 1990–2018
    (Wydawnictwo Naukowe UAM, 2019) Wojtczak, Krystyna
    The right to conduct habilitacja (“habilitation”) proceedings under Polish law is not a new solution. These proceedings were conducted both in the interwar period, in the first years of the People’ s Poland, and during the Polish People’s Republic. The solutions adopted in those periods differed. Until the end of People’s Poland, the proceedings ended with the right to lecture (veniam legendi) but with no possibility of obtaining a scientific degree, in the years 1951–1958, following the example of Soviet solutions, the proceedings allowed to obtain a scientific degree of doctor of sciences, from 1958 to obtain a degree of a docent (assistant professor), and from 1968 – the degree of doktor habilitowany. The differences in legal solutions adopted at that time were also clearly visible in the conditions which higher education institutions had to meet in order to obtain the right to conduct the proceedings and confer titles, and candidates to be promoted to a higher degree of doktor habilitowany. Although the possibility of acquiring the degree of doktor habilitowany was re­tained from 1990 onwards, the legal conditions for the conduct of habilitacja pro­ceedings did not resemble the solutions of previous years. And so, as in the Act of 1965, as well as after 1990 the conferral of academic degrees was excluded from the law on higher education, but this law itself was subject to much more modest regulation. It was not until the Act of 2003 that solutions were introduced to grad­ually tighten the conditions imposed on organisational units applying for the right to confer the academic degree of doktor habilitowany and on persons applying for the initiation of habilitacja proceedings, as well as on the course of such proceedings. The year 2011 brought revolutionary changes in this respect. The amending law introduced a new order in the process leading to the conferral of the academic degree of doktor habilitowany. It covered not only the requirements which organisa­tional units applying for the right to ‘habilitate’ in the fields of science and scientific disciplines had to satisfy, but also a re-definition of these conditions. The course of the ‘habilitation’ proceedings and the participation in it of the Central Commission and the board of the relevant organisational unit, as well as the person applying for the degree of doktor habilitowany were significantly changed.
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    Habilitacje w Polsce Ludowej. Część 2. Warunki i przebieg habilitacji w prawie o stopniach i tytułach naukowych
    (Wydawnictwo Naukowe UAM, 2017) Wojtczak, Krystyna
    Habilitation proceedings ending with a conferral of an academic degree were fi rst introduced in the Polish People’s Republic by virtue of the Act on higher education of 1958. The academic title of docent, which the Act also provided for, was later endorsed by the Act of 1965 on academic titles and academic degrees. Another academic degree of ‘habilitated doctor’ (doktor habilitowany) functioned from 1968 and continued through subsequent legislative acts in force until 1990 as well as through the years after later reforms. The changes in higher education implemented in 1965–1990 were not fi nal and continued to be modifi ed in the following areas: (1) the branches and science and disciplines in which the academic degrees of docent or doktor habilitowany could be conferred; (2) the requirements which institutions (establishments of higher education, research units of the Polish Academy of Sciences and other research entities) had to fulfi l before earning the rights to confer the academic degrees referred to above; (3) establishment of the lists of institutions entitled to confer these academic degrees. The solutions then adopted were by no means triggered by the intention to replace the academic degree of docent with a degree of doktor habilitowany. On the contrary, the majority of changes, of which those happening after 1985 were even more politically biased, did not refl ect any legal need but aimed at restricting the autonomy of schools of higher education in the scope of conferring academic degrees. This tendency extended to the conditions of commencing habilitation proceedings and the very course of the proceedings. As of 1985 one of the requirements of the key factors qualifying successful candidates was an ‘impeccable civic attitude.’ After 1985, most of the activities which had been till then conducted by committees appointed Faculty councils, were to be taken up by the relevant councils, although the latter were allowed to appoint from time to time committees to perform some of the activities related to habilitation proceedings. The Act of 1965 abandoned the requirement of the candidate’s habilitation lecture, re-established in 1985.
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    Habilitacje w Polsce Ludowej. Część 1. Warunki i przebieg habilitacji w prawie szkół wyższych
    (Wydawnictwo Naukowe UAM, 2017) Wojtczak, Krystyna
    Until 1965 the requirements and conditions of habilitation proceedings in Poland were governed by the law on schools of higher education. The solutions adopted under that law showed a relatively high degree of stability. In the fi rst years after WWII the habilitation qualifi cation was based on the solutions governing in Poland in the 1930s, with only slight changes introduced in the fi rst month after the end of the war. The fi rst reform of higher education of 1947 left the right to confer habilitation degrees with schools of higher education then in existence and retained the existing order of the habilitation proceedings. However, it implemented a number of rather signifi cant amendments in the area of the requirements needed to be fulfi lled at each stage of these proceedings. The right to lecture remained inherent to the habilitation qualifi cation and degree. What changed was the scope of infl uence of the minister of education supervising schools of higher education regarding habilitation proceedings and the appointment of the Main Council of Higher Education with the right of fi nal say and consent to the opening of the habilitation qualifi cation and to run the habilitation proceedings. Habilitation was abandoned by the reform of 1951 and replaced, following the Soviet model, with a higher degree of a doctor of science. Further changes followed in 1958 when it was restored by relevant provisions of the Act on higher education. It was then that more than forty years after Poland regained independence, the habilitation degree was for the fi rst time tied to a successful completion of the habilitation proceedings and earning the degree of a ‘docent’. The Main Council of Higher Education continued to function but its role in habilitation proceedings was reduced to issuing opinions before the minister of higher education decided on habilitation matters. Apart from schools of higher education, the right to confer habilitation degrees was granted to the Polish Academy of Sciences and academic institutions operating outside schools of higher education.
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    Kompetencje i zadania jednostek samorządu terytorialnego w zakresie bezpieczeństwa zdrowia ludności
    (Wydawnictwo Naukowe UAM, 2018) Wojtczak, Krystyna
    The creation of conditions aimed at ensuring the health of the population is a supreme value. Polish legal solutions make it a constitutional obligation of the State and local self-government. The current Constitution of the Republic of Poland of 2 April 1997 does not define the limits of this obligation; it only states that the conditions for ensuring everyone’s right to health protection and the scope of health services that are financed from public funds are to be specified by statute. In fact, the system leaves almost complete freedom in this area to the legislator. In the article the solutions adopted by local self-government units in 1991–2018 are evaluated. In order to fulfil certain competences and tasks imposed by law on the commune, poviat and self-governing regional bodies, the legislator has determined two spheres of their activity: (i) implementation of their own tasks in the field of health protection and health promotion, and (ii) establishment and running of entities which before 2011 were termed public health care facilities and after 2011 changed their name into medical entities which are not entrepreneurs. In neither of these spheres of activity is the participation of local government units identical. In the first sphere, the differences result from both the constitutional acts shaping their own tasks in the field of health protection, as well as health programmes which they adopt for their implementation. In the second sphere, however, the differences are a result of statutory solutions that base the model of health care on values that are not uniformly understood. Before 2011, they were conducted and maintained fully, or to a limited extent, from public funds, whereas after 2011 they were maintained from public funds only, when a budgetary unit was selected as an organisational formula of a self-government medical entity. The solutions of the Act of 2011 in its original wording pointed tended to favour commercialisation of the public health sector. The negative side of the solutions adopted is the extraordinary lack of diligence in exercising legislative diligence, especially in the scope of defining the competences and tasks of local self-government units in relation to the medical entities created/ run by these units.
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    Lekarze podstawowej opieki zdrowotnej w prawie III Rzeczypospolitej Polskiej
    (Wydawnictwo Naukowe UAM, 2019) Wojtczak, Krystyna
    In 2019, twenty-five years have passed since the implementation of the first legisla­tive act introducing for the first time family doctors (primary health care physicians) into the Polish model of basic health care. The beginning of changes in this area, falling in the nineties of the last century, was not easy and has not yet been complete but will continue until the end of 2024. Over the years, not only the conditions for the education and professional development of primary health care physicians, in­cluding family doctors, have undergone changes. Also the organisational and legal forms of providing basic health services by this group of doctors were changing, as well as the conditions allowing patients, the recipients of medical services, to choose their doctor from among those with whom health insurance institutions (health insurance funds, or the National Health Fund) concluded agreements on the provision of basic health care services, or those employed by a medical entity with whom the National Health Fund signed relevant agreements. 116 Zob. Rozporządzenia Ministra Zdrowia o jednobrzmiącym tytule – w spra­wie określenia priorytetowych dziedzin medycyny: z dnia 22 XII 2003 r. (Dz.U. 2004 Nr 1, poz. 7); z dnia 21 V 2009 r. (Dz.U. Nr 84, poz. 709); z dnia 20 XII 2012 r. (Dz.U. poz. 1489) oraz z dnia 6 IX 2018 r. (Dz.U. poz. 1738). The scope of changes introduced at that time was wide, and when it started at the beginning of the 1990s it was almost impossible to achieve the goals without the support of the World Bank and the PHARE programme, alongside the efforts of the Ministry of Health and Social Welfare and three regional health care consortia (unions). Their work and contribution of each of them and their activities were sig­nificant and together constituted a solid basis for further work on the improvement of the model of a universal primary health care after 1998. The Act on primary health care of 2017 has completed the process of changes in this respect. For the first time, the objectives of the basic, or primary health care have been clearly defined. Although the implementation of each of these objectives is to serve the patient who is the recipient of the services, the value of the services pro­vided by primary care physicians varies. Family doctors (general practitioners) are to provide the patient and the patient’s family with health care services, coordinating at the same time all the stages of the process of their provision. However, the social mission of their profession is to ensure the implementation of broader tasks, such as health promotion adapted to the needs of various groups of society, education of the medical services recipients in the field of responsibility for their own health, as well as shaping pro-health awareness, setting health priorities of the population covered by care and implementation of preventive actions.
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    O reformach studiów prawniczych i nauczaniu prawa w Polsce w latach 1918–2015
    (Wydawnictwo Naukowe UAM, 2015) Wojtczak, Krystyna
    Starting from the Second Republic of Poland until recent times, the basic trend of all discussions regarding the framework of educating lawyers has been directed to answering the questions: (i) whether legal studies are to educate for the need of science, research and didactics or practice, or (ii) whether perhaps they should offer education, which would reconcile both of these qualities. A positive response to each of these questions corresponds to a balance among the adopted curriculum subjects: theoretical and historical as well as dogmatic. In the period under review, either of the two solutions was legally acceptable. The model in force in the Second Republic strongly promoted educating the university lawyer, that is one whose knowledge was built on reconciling the theoretical and historical subjects with law dogmatics. The period of Polish People’s Republic and later years decisively deviated from this pattern, and the proposed law teaching models were changing. The changes went from solutions which placed emphasis on preparing law students to practise the legal profession, then in the mid-sixties, briefly, this trend was reversed in favour of legal studies preparing for professions, which required mastery of a specific area of scientific knowledge for scholarly work, research and didactics, finally in the following years to more strongly emphasise a return to the model of education of lawyers practitioners. It was only in the early nineteen eighties that a broader framework of law universities autonomy was created, and then preserved in the early years of the Third Polish Republic. The choice of educational model for lawyers took on a new meaning in the optics of adoption by Poland in 1999 of the principles of the Bologna Declaration. In 2007, through the implementation of educational standards, law studies were brought closer to the model of university studies. This approach was abandoned in 2011 by adopting profiles for legal studies education (general academic know- ledge – practical), defined only in 2014, while not giving each school or college the freedom to choose the model (profile) of teaching law.
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    O stopniach naukowych i veniam legendi w II Rzeczypospolitej (Część I)
    (Wydawnictwo Naukowe UAM, 2014) Wojtczak, Krystyna
    Between 1919 and 1939, in so called interwar Poland, conferring academic degrees was the exclusive right of state universities and only those named in two laws on universities: one of 1920 and one of 1933. Those acts, however, neither regulated nor ordered the studying order, leaving the regulation of those matters to the Minister of Religious Denominations and Public Enlightenment, or the universities themselves, in statutes, which had nevertheless had to be endorsed by the same Minister. Universities conferred two types of academic degrees: a lower one of a licencjat (Bachelor), physician, or magister (Master) and a higher one, of a doctor. Both were conferred upon students of a given institution entitled to confer academic degrees. Exceptionally, a lower, and only a lower, degree could be granted to a student of another institution of higher education. This exception was allowed to facilitate obtainment of a lower degree by those who commenced studying for a degree at a university in still partitioned Poland, but were completing studies in an already independent Polish state. The main courses off ered by universities in the interwar Poland included: law, theology and medicine (medical studies, pharmacy, dentistry and veterinary studies), philosophy, agriculture, forestry and technical sciences. Not every licencjat degree though, would open the doors to continuous education leading to the completion of a university education with a doctor’s degree. The procedures of studying and preparing for a doctorate were strictly followed and specifi ed by the above mentioned minister, usually upon a request of the scientifi c council of a faculty of the university in question. This paper presents the solutions adopted in interwar Poland regarding the procedure leading to obtaining an academic degree, which are subsequently analysed and evaluated. At the same time it constitutes a good foundation for determining, upon its basis, whether and if, then to what extent, the currently binding law on higher education has drawn upon the models developed in the Second Republic of Poland 1919–1939, regarding higher education and academic degrees.
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    O stopniach naukowych i veniam legendi w II Rzeczypospolitej (Część II)
    (Wydawnictwo Naukowe UAM, 2014) Wojtczak, Krystyna
    There were many important tasks that Poland had to address after it regained independence in 1918. One was the ordering of the matters of higher education. This included taking over control over establishments of higher educations which had earlier functioned in partitioned Poland under a foreign rule, as well as establishing study rules and academic regulations. The legislative actions had to be taken step by step, as further portions of Polish territories had been regained, to ensure students who had commenced studies in partitioned Poland their continuation under new, Polish conditions, and to enable validation of examinations already taken, and in the case of graduates, nostrifi cation of their diplomas. Unlike as it was in the case of earning lower degrees (of a licencjat, physician, or magister) and higher degrees (of a doctor), a completion of habilitation did not result in earning an academic degree. The habilitation process consisted of three steps: (i) submission of a print-out of a habilitation thesis, (ii) discussion on the habilitation thesis, and (iii) presentation of a habilitation lecture to the faculty members or members of another statutory body of a state institution of higher education. Following positive opinions of the reviewers of the thesis, the Council of the Faculty (or another competent organ of the institution) would resolve to grant the habilitation candidate an exclusive right to lecture, so called veniam legendi, and a title of a docent. The acquisition of that right did not tie the candidate to the school conferring the right, or compel him to lecture, but resignation from the right to lecture resulted in the expiry of such right, which nevertheless was capable to be restored without the need to go through the habilitation process again. A high education institution could off er a docent employment as a paid docent, which required proper nomination and appointment by the School’s competent authority, or contract with the docent the veniam legendi as a private lecturer (docent). Habilitation was not recognised as an academic degree and consequently nostrifi cation of the veniam legendi was not possible.
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    O stopniach naukowych w Polsce Ludowej. Część 1. Niższe stopnie naukowe
    (Wydawnictwo Naukowe UAM, 2016) Wojtczak, Krystyna
    In the period researched in this article (1947–1990) the principles of awarding academic degrees were far from stable (or uniform). What is more, difference between individual degrees were of multiple character. In the initial years shortly after the Polish People’s Republic was formed, a lower academic degree was award ed to every higher school graduate. From 1951on this term referred to degrees awarded to science candidates, and as of 1958 to a degree of a doctor. Secondly, the requirements needed to be satisfied in order to qualify for individual degrees differed and were changing. Thirdly, on and off there were instances where ex emptions were made from the generally binding principles governing awarding of academic degrees, especially in the case of a science candidate and a doctor. Those exemptions, or exceptional treatment, was justified by a reference to an exceptional case. Fourthly, lower academic degrees could not always be obtained in every discipline, and the list of the discipline that qualified candidates for a degree was neither closed nor stable. Fifthly, the rights granted to scientific councils of institutions of higher education, and later to scientific councils of units operating within the Polish Academy of Sciences as well, were also changing, mostly to meet the conditions and requirements which those unites were obliged to fulfil. Sixthly, depending on the role and position of other bodies or organs involved in the process (the minister competent for schools of higher education, the Main Council of Higher Education, or the Central Qualifications Committee) their say and role was also changing. For the sake of a certain simplification, it may be stated that solutions adopted as a result of the reforms of 1947 and 1951were comparable, while those implemented in subsequent years, particularly by acts on higher education of 1958, 1982 and 1985 and the act of 1965 on academic degrees and scientific titles as later amended, differed considerably from earlier solutions. The assessment, from a legal point of view, of the conditions of awarding lower academic degrees in the period researched would, however, have been incom- plete if the organisation of doctoral studies as well as the manner of their delivery leading to the preparation and submission of a doctoral dissertation by a degree candidate, had been examined as well. This issue will be the subject of the second part of this article.
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    O stopniach naukowych w Polsce Ludowej. Część 2. Organizacja aspirantury naukowej i studiów doktoranckich
    (Wydawnictwo Naukowe UAM, 2016) Wojtczak, Krystyna
    Between 1952–1990 a lower academic degree could be earned in a number of ways, two of which were post graduate studies (aspirantura) and doctoral studies. The organisation of post graduate studies followed the Soviet solution available from 1951. Participants obtained a title of a science candidate. Doctoral studies, implemented in 1958, allowed participants to earn a title of a doctor. The two ways discussed in the paper differed significantly but shared a common feature: the solu tions which they implemented served firstly, to recruit candidates ready to engage in research and academic teaching; secondly, to ensure the social and economic society availability of professionals with qualifications exceeding the knowledge gained at an institution of higher education; thirdly, to provide institutional scientific guardianship to doctoral students working on their dissertations; fourthly, to realise the educational programme prepared for doctoral students who were adequately prepared for post graduate studies; and fifthly, to precisely define the status of scientific researchers working on scientific dissertations and to establish the principles upon which they received financial and social assistance. In both cases, education leading to a scientific degree differed in stability. While those regarding aspirantura were largely constant and durable, doctoral studies lacked this durability. The elements which were taken into consideration when examining the latter form of PhD studies included in particular: determination of the purpose of offering doctoral studies, forms in which doctoral studies were conducted (both for employed and non-employed candidates), recruitment and admission requirements, and the conditions in which the course was conducted. The whole process was also found to be subject to the changing scope of rights and duties of doctoral students, their tutors as well as supervisory bodies responsible for doctoral studies.
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    O ustroju szkół wyższych na przestrzeni lat 1920–1990
    (Wydawnictwo Naukowe UAM, 2013) Wojtczak, Krystyna
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    Prawne determinanty procesu kształcenia w szkołach wyższych w latach 1920–1990 (Część II)
    (Wydawnictwo Naukowe UAM, 2014) Wojtczak, Krystyna
    During the period under analysis, neither the doctrine, nor the available legal sources provided any help that would enable to differentiate between the concept of educating and teaching at schools of higher education. When referring to teaching, the legislator used the term with respect to the education provided to students, while when referring to the term education, the legislator would only adopt solutions conducive to the teaching. Apart from providing education and/or teaching, schools of higher education were also responsible for the upbringing of their students. This paper’s focus is on the meaning and extent of the triad of concepts: “educating-teaching-upbringing” based on the opinions presented in the doctrine and the legal regulations in force in Poland in the years 1920–1990. Understanding of each of these concepts constituted a starting point for further research and interpretation of the legal solutions adopted in order to identify the fundamental elements of the education process. Over the period 1920–1990, the legal status of schools of higher education was not uniform (there were state and non-state (private) ones, vocational or purely academic). The regime and management of those schools as well as the rights and duties of their staff and students also differed depending on the type of school. The academic staff was required to demonstrate high academic qualifi cations and exemplary morale, while students were expected to be creative and capable of understanding the content taught. Although it was the teachers and the students together who constituted the pillar of the education process, in order to achieve the didactic goals schools of higher had to satisfy certain conditions specifi ed by law, such as: properly selected faculty members, specifi ed rules of recruitment and enrolment, organisation of the teaching and development of relevant courses and syllabi for each year of study, and ascertainment of adequate conditions for their realisation (teaching infrastructure, fi nancing etc.) These requirements had to be met by both type of school: public and private likewise. Each reform in higher education (carried out in 1920, 1933, 1947, 1951, 1958 and 1982) brought about subsequent modifi cations of those requirements and obligations, which were implemented accordingly. Since schools of higher education were not immune to political and socio-economic changes, the reforms in education which they subsequently underwent included alternately centralistic and de-centralistic solutions.
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    Prawo wykonywania zawodu lekarza
    (Wydział Prawa i Administracji UAM, 1991) Wojtczak, Krystyna; Wojtczak, Przemysław
    In discussions on changes in Health Service relatively little attention is paid to physicians. There is no doubt that any complex approach to matters concerning this group presents various difficulties. Physicians constitute an integral part of the "state system of health protection", created over 40 years ago, and without a correcture, if not a complete transformation of this system, any more significant change in the legal status of this group is hardly possible. The article is focused on one aspect of the legal status of physicians only, namely on their rights and qualifications necessary for practising the medical profession. It has been assumed that the requirements which should be met by physicians may be divided into two groups: 1) general requirements (i.e. the requirements referring to all candidates, with some exceptions in case of foreigners), and 2) special requirements, applicable to some particular groups of positions or some particular types of activities. The above assumption made it possible to formulate the conclusions in matters of most controversial character, such as: 1) to which Medical Chamber should be included the physicians who are not in service but are employed in organizational units subordinated to the Ministry of Internal Affairs; 2) after what period of time of not practising the medical profession a physician should be obliged to take an additional training; 3) what period of time of practising the profession abroad by a foreigner fulfills the condition provided for in Art. 3 sec. 1 of the Law on Medical Profession; 4) whether a foreigner may be granted a permit to practise the medical profession for an unlimited or limited period of time; 5) whether a foreigner is required to be fluent speaker of the Polish language; 6) whether a foreigner is obligated to submit a certificate of unpunishability; 7) how to interpret the provision allowing persons who do not practise the medical profession to be members of Medical Chambers; 8) who may be appointed to managerial posts in Health Service institutions.
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    Słowo wstępne
    (Wydawnictwo Naukowe UAM, 2015) Wojtczak, Krystyna
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    Słowo wstępne
    (Wydawnictwo Naukowe UAM, 2016) Wojtczak, Krystyna
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    Tytuł profesora w pierwszych latach przemian ustrojowych Rzeczypospolitej Polskiej
    (Wydawnictwo Naukowe UAM, 2020) Wojtczak, Krystyna
    The political changes initiated in 1989 affected many sectors of the state’s activity, including higher education and science. In 1990, the Sejm passed two new Laws – on Higher Education, and on Academic Degrees and Title. The former placed greater emphasis than before on the freedom to conduct scientific research. With the second act, it finally abandoned the possibility provided for by the 1965 solutions of granting two different titles of professor, i.e., associate professor and full professor, by introducing one academic title – “professor”. For the purposes of evaluating and establishing the significance of the solutions adopted by the 1990 Law, this article presents the procedure and conditions for awarding the titles of professor provided for in the 1965 Law in the wording in force prior to its repeal in 1990, as well as those introduced set out in the 2003 Law and in force until its amendment in 2011. The replacement of the two titles of professor with a single academic title did not limit the range of proposals for changes introduced at that time. In the article, particular attention is devoted to these. The main trend in research comes down to: (1) how the degree and scope of regulations adopted in 1990 differed from earlier solutions, and (2) whether, in thecontext of the 2003 Law they were sufficient and served the quality of academic advancements well. It is only by basing research on previous findings in this respect that conclusions could be drawn as to the legal meaning and significance of conferring the title of professor in the years 1990–2011. This approach in achieving the purpose of the discussions was also important for another reason. It made it possible to emphasize the changes in terms of awarding the title of professor from the solutions in force during the Polish People’s Republic to the norms adopted in the initial years of the political transformation, as well as to the new regulations introduced in the more strongly established Republic of Poland. These were not the same solutions, and the Act of 1990 placed them in the group of liberal solutions.
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