Dz.U.03.65.595
ACT
of 14 March 2003
ON THE ACADEMIC DEGREES AND THE ACADEMIC TITLE AS WELL AS ON THE DEGREES AND THE TITLE WITHIN THE SCOPE OF ART.
(Dziennik Ustaw 16 April 2003)
Chapter 1
General provisions
Art. 1. 1. The academic degrees shall be the degrees of doctor (doktor) and habilitated doctor (doktor habilitowany) of a specified field of science within the scope of a given discipline of science.
2. The degrees within the scope of art shall be the degrees of doctor (doktor) and habilitated doctor (doktor habilitowany) of a specified field of art within the scope of a given discipline of art.
Art. 2. 1. The academic title is the title of professor of a specified field of science.
2. The title within the scope of art is the title of professor of a specified field of art.
Art. 3. 1. The Central Commission for Academic Degrees and Titles, hereinafter referred to as „the Central Commission”, shall determine, by way of resolution, fields of science and fields of art as well as academic disciplines of science and art. An academic discipline of science (art) may be identical to a field of science (art).
2. The resolution of the Central Commission, referred to in paragraph 1, shall be published by the Central Commission in Dziennik Urzędowy Rzeczypospolitej Polskiej "Monitor Polski" (the Official Journal of the Republic of Poland).
Art. 4. Whenever this Act refers to:
1) "the degrees of doctor and habilitated doctor” without a detailed definition – this shall mean the academic degrees of doctor and habilitated doctor and degrees of doctor and habilitated doctor of art;
2) “ the title of professor” without a detailed definition – this shall mean academic the title of professor and the title of professor of art;
3) an "organizational unit" without a detailed definition - this shall mean a faculty, another organizational unit of a higher education institution or another research institution;
4) “the council of an organizational unit" without a detailed definition – this shall mean the council of a faculty, the council of another organizational unit of a higher education institution or the scientific council of another research institution;
5) "doctoral dissertation or habilitation dissertation " – this shall mean also doctoral and habilitation thesis in the scope of art.
Chapter2
Academic degrees and degrees within the scope of art.
Art. 5. 1. The degrees of doctor and habilitated doctor shall be awarded in organizational units entitled to award them.
2. The rights, referred to in paragraph 1, shall be awarded by the Central Commission upon a request of an organizational unit, taking into consideration the level of unit’s research or artistic activity as well as the number of persons, specified in article 6, holding the title of professor or the degree of habilitated doctor, employed in this unit. With regard to organizational units of higher education institutions, the Central Commission shall award this right upon the consultation with the General Council of Higher Education, the opinion of which shall be expressed within 3 months from the day of receiving by the Council a request for issuing an opinion.
3. The Central Commission shall decide on awarding the right, referred to in paragraph 1, within 6 months from the day of receiving a request for the award of this right.
Art. 6. 1. The right to award the degree of doctor may be obtained by an organizational unit which employs, on a full time basis, at least eight persons holding the title of professor or the degree of habilitated doctor, representing the academic field of science or art, within the scope of which the organizational unit is to obtain the right.
2. The right to award the degree of habilitated doctor may be obtained by an organizational unit, which employs on a full time basis at least twelve persons holding the title of professor or the degree of habilitated doctor, representing the academic field of science or the field of art within the scope of which the organizational unit is to obtain the right, including at least six persons holding the title of professor.
3. The right to award the degrees of doctor and habilitated doctor may cover only these academic and artistic disciplines, which are represented in a given organizational unit by at least five persons employed on a full time basis, holding the title of professor or the degree of habilitated doctor.
4. The persons holding the title of professor or the degree of habilitated doctor may be included in the minimum number of persons employed, referred to in paragraphs 1-3, only in one organizational unit and provided that they have been employed in this unit not shorter than for one year.
Art. 7. 1. The Minister competent for higher education shall determine, by way of regulation, the procedure of submitting the requests for granting the right to award the degrees of doctor and habilitated doctor, taking into consideration in particular the specimen of a request for granting these rights as well as a documentation, including in particular:
1) a report of the research or artistic performance of the unit applying for the award of these rights, covering the period of three years directly preceding the submission of the request;
2) a list of names of persons holding the title of professor or the degree of habilitated doctor, employed in this unit;
3) names of members of the Council of this unit;
4) a description of the achievements in the scope of teaching academic staff and the research achievements of the persons, referred to in point 2 and 3;
5) a description of the research base of this unit;.
2. A list of organizational units entitled to award the degree of doctor and habilitated doctor together with the specification of the names of the awarded degrees shall be published by the Central Commission in Dziennik Urzędowy Rzeczypospolitej Polskiej "Monitor Polski".
Art. 8. 1. An organizational unit shall without undue delay notify the Central Commission about any changes in the number of its employees which may affect the right to award the degrees of doctor and habilitated doctor.
2. The right to award the degrees of doctor and habilitated doctor shall be suspended by virtue of the law, from the day upon which the number of employees employed in the organizational unit was reduced to the level below the minimum specified in article 6. The Central Commission shall specify the period, not longer than 2 years, within which the unit is obliged to meet the requirements for the restitution of the suspended rights.
3. If the organizational unit within the specified period of time fails to meet the requirements referred to in paragraph 2, the Central Commission shall withdraw the right.
4. The Central Commission shall determine the terms for continuation of doctoral and habilitation proceedings initiated by this organizational unit before the day referred to in paragraph 2 or shall indicate another organizational unit, in which these proceedings shall be continued.
Art. 9. 1 The Central Commission shall carry out periodical assessment of the level of research or artistic activity of the organizational unit, which constitutes the grounds for awarding the degrees of doctor, habilitated doctor as well as the substantiation of the resolutions, referred to in art. 14 paragraph 2 point 5 and art. 18 paragraph 2 point 5, on the award of these degrees.
2. If the assessment, referred to in paragraph 1, is negative, the Central Commission may:
1) limit the right by obliging the organizational unit to submit each resolution on the award of the degree of doctor to the Central Commission for its approval;
2) suspend the right for a specified period of time, not longer than 3 years;
3) withdraw the right.
3. In case of the suspension or withdrawal of the right, the actions related to the completion of the doctoral or habilitation proceedings shall be performed by an organizational unit indicated by the Central Commission.
4. Re-awarding the right after its withdrawal, reinstatement of a suspended right before the elapse of a specified time or reversal of the limitation of the right shall be performed in compliance with the procedure and rules which are in force at the time of the award of the right.
5. If the assessment, referred to in paragraph 1, is particularly favorable, the Central Commission may decide that the resolutions of the council of this unit concerning the award of the degree of habilitated doctor shall not require the approval, referred to in article 19 paragraph 1, and shall come into force upon being adopted. This decision may be reversed in case of changing the assessment, referred to in paragraph 1.
6. The resolutions of the Central Commission on issues, referred to paragraph 2 point 2 and 3, as well as in paragraph 4 and 5 are published by the Central Commission in Dziennik Urzędowy Rzeczypospolitej Polskiej "Monitor Polski".
Art. 10. In case of the absence of an organizational unit competent to carry out specified doctoral or habilitation proceeding in the country, the Central Commission acting upon the request of an organizational unit or ex - officio, may order to supplement the composition of the council of an organizational unit indicated by the Central Commission by persons who are not members of the council. These persons shall have the rights of a member of a given council with regard to the matters related to this doctoral or habilitation proceeding.
Art. 11. 1. The degree of doctor or habilitated doctor shall be awarded through a proceeding initiated upon a request of a person applying for the award of the degree.
2. The habilitation proceeding may also be initiated upon the consent of the person concerned, at the request of the unit employing this person.
Art. 12. 1. The degree of doctor shall be awarded to a person, who:
1) holds a professional title of magister, magister inżynier, lekarz or another equivalent title;
2) has passed successfully doctoral examinations within the scope defined by the council of an organizational unit;
3) has presented an defended a doctoral dissertation.
2.The doctoral examination shall be held in the scope of:
1) basic discipline corresponding with the subject of the doctoral dissertation;
2) additional discipline;
3) modern foreign language.
Art. 13. 1. The doctoral dissertation, prepared under the supervision of a promoter should constitute an original solution of a scientific or artistic problem and present the candidate’s general knowledge in a given scientific or artistic discipline as well as the ability to carry out the research or artistic work in an independent manner.
2. A project, constructional, technological or artistic work may constitute a doctoral dissertation provided that it meets the requirements referred to in paragraph 1.
3. A doctoral dissertation may be also an independent and separate part of a collective work provided that it demonstrates the candidate’s individual contribution in compliance with the requirements specified in paragraph 1.
Art. 14. 1. A doctoral proceeding shall be conducted and the degree of doctor shall be awarded:
1) in a higher education institution – by the faculty council or the council of its another organizational unit
2) in another research institution – by the scientific council.
2. Acts of doctoral proceeding shall end with the resolutions of the council of an organizational unit on:
1) initiation of doctoral proceeding and appointment of a promoter;
2) appointment of reviewers;
3) acceptance of the doctoral dissertation and its admission to the public defense;
4) acceptance of the public defense of the doctoral dissertation
5) the award of the degree of doctor.
3. A doctoral dissertation which has not been accepted can not constitute the basis for applying for the award of the degree of doctor in other organizational units.
4. If a person applying for the award of the degree of doctor does not enter for doctoral examinations within the specified period of time or does not present the doctoral dissertation, the council of the organizational unit may adopt a resolution on the closure of doctoral dissertation.
5. The council of the organizational unit may assign the rights to adopt resolutions, referred to in paragraph 2 point 3 and 4, to a commission appointed for this purpose. If a defense of the doctoral dissertation takes place at the commission, this commission shall prepare a draft of the resolution on the award of the degree of doctor and submit it to the council of the organizational unit.
Art. 15. 1. A resolution on the award of the academic degree of doctor shall become valid upon its adoption.
2. The resolution on the award of the degree of doctor adopted by the council of the organizational unit whose rights to award the degree of doctor have been limited pursuant to article 9 paragraph 2 point 1, shall become valid upon its approval by the Central Commission. The resolution shall be submitted to the Central Commission together with the files of doctoral dissertation within one month from the day of its adoption. The Central Commission shall decide upon approval of the resolution within six months from the day of its receipt.
3. In case of failure to approve the resolution on the award of the degree of doctor, the council of the organizational unit or a person applying for the award of this degree may, within three months from the day of the receipt of the decision, submit to the Central Commission a request for the renewed consideration of the matter.
4. The Central Commission shall consider the request, referred to in paragraph 3, within 4 months from the day of its service.
5. The reviewers appointed within the doctoral proceeding may participate in the proceeding referred to in paragraph 4.
Art. 16. A person who holds the degree of doctor and has a considerable research or artistic achievements and in addition has presented a doctoral dissertation may be admitted to the habilitation proceeding.
Art. 17. 1. A habilitation dissertation should constitute a considerable contribution of the author to the development of a specified scientific or artistic discipline.
2. The habilitation dissertation may constitute a work created after the author has been awarded the degree of doctor, published as a whole or in its substantial part or as a single – subject series of publications.
3. An implemented project, constructional, technological or artistic work may constitute a habilitation dissertation, provided that it meets the requirement referred to in paragraph 1.
4. The habilitation dissertation may constitute a part of a collective work provided that the preparation of this separate issue is an individual contribution of the person applying for the award of the degree of habilitated doctor in compliance with the requirement specified in paragraph 1.
5. The obligation of publication shall not apply to a habilitation dissertation the subject of which falls under the state secret.
Art. 18. 1. A habilitation proceeding shall be conducted and the degree of habilitated doctor shall be awarded:
3) in a higher education institution – by the faculty council or the council of its another organizational unit
4) in another research institution– by the scientific council.
2. Activities of a habilitation proceeding shall end with the resolutions of the council of the organizational unit on:
1) initiation of habilitation proceeding;
2) appointment of reviewers;
3) admission to the habilitation colloquium
4) acceptance of the habilitation colloquium
5) the award of the degree of habilitated doctor.
3 If the council of an organizational unit adopts a resolution on inadmissibility to the habilitation colloquium a habilitation dissertation can not constitute the basis for initiating a habilitation proceeding in another organizational unit.
4. Prior to the adoption of the resolution on the award of the degree of habilitated doctor by the council of the organizational unit, a person applying for the award of this degree shall give a habilitation lecture during a sitting of the council.
Art. 19. 1. A resolution on the award of the academic degree of habilitated doctor shall become valid upon its adoption by the Central Commission, save for article 9 paragraph 5. The resolution shall be submitted to the Central Commission, together with the files of the habilitation dissertation within one month from the day of its adoption. The Central Commission shall decide upon the approval of the resolution within six months from the day of its receipt.
2. In case of failure to adopt the resolution on the award of the degree of habilitated doctor the council of an organizational unit or a person applying for the award of this degree may, within three months from the day of the receipt of the decision, submit to the Central Commission a request for the renewed consideration of the matter.
3. The Central Commission shall consider the request, referred to in paragraph 2, within 6 months from the day of its service.
4. The reviewers appointed within the habilitation proceeding may participate in the proceeding referred to in paragraph 3.
Art. 20. 1. The resolutions referred to in article 14 and article 18 paragraph 2, shall be adopted in a secret ballot by an absolute majority of the votes cast, in the presence of at least half of the total number of the persons entitled to vote.
2. The members of the council of a competent organizational unit who hold the academic title of professor or the academic degree of habilitated doctor shall be entitled to vote, referred to in paragraph 1, in the proceedings for the award of the academic degree of doctor and habilitated doctor, the members of the council of a competent organizational unit who hold the title of professor of art or the degree of habilitated doctor of art shall be entitled to vote in the proceedings for the award of the degree of doctor and habilitated doctor of art.
3. In addition the persons listed in article 10 as well as the reviewers shall be entitled to the right referred to in paragraph 2, and in the activities of a doctoral proceeding – this right shall also be vested in the promoter of a doctoral dissertation.
4. A second promoter may be appointed by the council of an organizational unit in doctoral proceedings conducted within the framework of international cooperation or in case of preparation of an interdisciplinary doctoral dissertation.
5. In doctoral proceedings at least two reviewers, and in habilitation proceedings at least three reviewers shall be appointed, including not more than one employed in the same higher education institution or another research institution the employee of which the person applying for the award of the degree of doctor or habilitated doctor is, or not more than one member of the council of the organizational unit conducting the proceeding.
6. A promoter in a doctoral proceeding as well as a reviewer of a doctoral or habilitation dissertation in a field of science may be a person holding the academic title of professor or the academic degree of habilitated doctor in the scope of a given or related field of science, and in the field of art – a person holding the title of professor of art or the degree of habilitated doctor of art in the scope of a given or related discipline of art.
7. A promoter in a doctoral proceeding or one of the reviewers of the doctoral or habilitation dissertation may be also a person who is an employee of a foreign higher education institution or research institution, who does not hold the Polish degree of habilitated doctor or the title of professor if the council of the organizational unit conducting the proceeding states that this person is an outstanding expert of the problems which the doctoral or habilitation dissertation concerns.
Art. 21. 1. A person applying for the award of the degree of doctor or habilitated doctor may appeal from the resolutions, referred to in article 14 paragraph 2 and article 18 paragraph 2, if they are negative, to the Central Commission through the council of a competent organizational unit within one month from the day of being notified about the substance of the resolution. The council shall forward the appeal to the Central Commission together with its opinion and files of the proceeding within three months from the day of the submission of the appeal
2. Having considered the appeal, within the period not longer than six months the Central Commission shall either uphold the appealed resolution or having reversed the resolution, shall forward the case to the reconsideration by the council of the same or another organizational unit.
Art. 22. The persons whom the doctoral proceeding was initiated for or who are preparing to initiate the habilitation proceeding, may be granted scholarships.
2. The Minister competent for higher education shall determine, by way of regulation, the conditions for granting the scholarships, referred to in paragraph 1, in particular:
1) the procedure and criteria of granting scholarships and conditioning the possibility of its receipt to the level of the advancement of the dissertation;
2) the procedure and criteria of withdrawal and giving back scholarships in the case of failure to demonstrate sufficient advancements in the research or in case of undertaking additional employment;
3) the body entitled to take decisions in matters referred to in point 1 and 2;
4) the maximum period for which the scholarships are granted;
5) the amount of doctoral scholarships in relation to the minimum rate of the basic remuneration of an assistant specified in the regulations on academic teachers’ remunerations, a habilitation scholarship in relation to the minimum rate of the basic remuneration of adiunkt (tutor).
Art. 23. 1. An employee who is not an academic teacher or an academic employee and he/she is preparing a doctoral or habilitation dissertation is entitled, upon his/her request, to 28-working days leave within the meaning of art. 154 § 2 of the Labour Code, within a period of time agreed with the employer, for the preparation of a defense of doctoral dissertation or habilitation colloquium as well as he/she is entitled to a leave of absence to conduct the defense of doctoral dissertation or the habilitation colloquium.
2. An employee is entitled to receive a remuneration for the period of leave and the leave of absence, referred to in paragraph 1, in the amount equivalent to a remuneration for holiday.
Art. 24. 1. The rules of recognition of academic degrees and degrees in the scope of art awarded abroad as equivalent to the degrees referred to herein shall be determined by international agreements.
2. In case of absence of international agreements, the academic degrees and degrees in the scope of art obtained abroad may be recognized, by way of nostrification, as equivalent to the degrees specified in this Act, save for paragraph 4 point 5.
3. Persons applying for the recognition of academic degrees or degrees in the scope of art obtained abroad as equivalent to the degrees stipulated in this Act under the procedure referred to in paragraph 2, shall pay fees connected with the conduct of nostrification proceeding in the amount not exceeding 50% of the maximum basic remuneration of professor zwyczajny, specified in the regulations on academic teachers’ remuneration. The amount of the fees shall be determined by the manager of an organizational unit conducting this proceeding.
4. The Minister competent for higher education shall determine, by way of regulation:
1) organizational units entitled to conduct nostrification proceeding as well as the scope of competences of their bodies, taking into consideration the provisions specifying rules and procedure of conduct of doctoral and habilitation proceeding;
2) the procedure of nostrification of academic degrees and degrees in the scope of art obtained abroad, taking into consideration in particular the possibilities and conditions of exemption from the whole or a part of nostrification proceeding;
3) types of documents , which should be attached to the applications for nostrification of the academic degrees and degrees in the scope of art;
4) terms of setting the fees for the conduct of the nostrification proceeding, taking into consideration the cost of a review of doctoral and habilitation dissertation and the conduct of doctoral examinations or habilitation colloquium, a possibility of diminishing or exempting from the fees as well as the mode of their payment;
5) conditions under which the academic degrees and degrees in the scope of art awarded abroad shall be recognized as equivalent to the degrees specified in the Act without the necessity of conducting the nostrification proceeding.
Chapter 3
The academic title and the title in the scope of art
Art. 25. The title of professor shall be awarded by the President of the Republic of Poland upon a request of the Central Commission referred to in art. 28 paragraph 4.
Art. 26. 1. The title of professor may be awarded to a person, who has obtained the degree of habilitated doctor, has scientific or artistic achievements significantly exceeding the requirements set in the habilitation proceeding as well as has considerable didactic accomplishments, including teaching academic or artistic staff, save for paragraph 2 and 3.
2. The Central Commission may, in specific cases, upon the request of the council of a competent organizational unit entitled to award the degree of habilitated doctor, admit to the initiation of the proceeding for the award of the title of professor - a person who has obtained the degree of doctor and has remarkable research or artistic achievements.
3. An outstanding implemented project, constructional or technological achievements shall be considered as scientific output and an outstanding artistic work shall be considered as artistic achievements.
Art. 27. 1. The proceeding for the award of the title of professor shall be conducted by the councils of organizational units entitled to award the degree of habilitated doctor in the scope of a given discipline of science or art. Art 10 shall apply respectively.
2. The council of an organizational unit referred to in paragraph 1 may initiate a proceeding for the award of the title of professor upon its own initiative and upon the consent of the person concerned or at a request of:
1) the council of an organizational unit which does not fulfill the requirements referred to in paragraph 1 employing a person applying for the award of the title of professor, upon his or her consent;
2) the person concerned, supported with the opinions of three persons holding the title of professor of a given field of science or art.
3. The acts of the proceeding in matters on the award of the title of professor shall end with the council’s resolutions in a matter of:
1) initiation of the proceeding for the award of the title of professor;
2) appointment of reviewers;
3) supporting the request for the award of the title of professor.
4. In a proceeding for the award of the title of professor at least three reviewers shall be appointed, including no more than one employed in the same higher education institution or another research institution, the employee of which the person applying for the award of the title of professor is, or being a member of the council of the organizational unit conducting the proceeding. A person holding the title of professor may be a reviewer in the field of a given or related field of science or art.
5. In a proceeding for the award of the title of professor the provisions of article 21 paragraph 1-3 and article 20 shall apply respectively.
Art. 28. 1. The council of a competent organizational unit, having adopted the resolution supporting a request for the award of the title of professor shall send it together with the files of the proceeding to the Central Commission, within one month of adopting the resolution.
2. The Central Commission shall conduct a proceeding in a matter of presentation of a candidate for the title of professor. The provisions of article 19 shall apply respectively in this proceeding.
3. The Central Commission shall adopt a resolution on the presentation or refusal of presentation of a candidate for the title of professor.
4. The Central Commission, within one month from the adoption of the resolution on presenting a candidate for the title, shall submit to the President of the Republic of Poland a request for awarding the title of professor.
Chapter 4
Common provisions
Art. 29. 1. The provisions of the Code of Administrative Procedure shall apply respectively within the proceedings on the award of the degree of doctor and habilitated doctor or the title of professor as well as on the limitation, suspension and depravation of right to award these degrees within the scope not regulated by the Act. The provisions on the appeal against the administrative decisions to the Administrative Court shall apply to the appeals against the decisions issued in these proceedings.
2. The disclosure of circumstances, besides those specified in the Code of Administrative Procedure, indicating that the degree of doctor or habilitated doctor or the title of professor has been awarded on the basis of an output created with the infringement of the law, including the copyright infringement or the infringement of rules of the code of good conduct in science, may also constitute the prerequisites of instituting the proceeding for awarding the degree of doctor, habilitated doctor or the title of professor.
3. In case of existence of the prerequisites of instituting the proceeding for awarding the degree of doctor, habilitated doctor or the title of professor, the Central Commission shall be the body issuing a decision on instituting the proceeding.
Art. 30. 1. Acceptance of the function of a promoter, a member of an examination commission in a doctoral proceeding, a reviewer in a doctoral or habilitation proceeding, as well as issuing an opinion upon the request of the Central Commission shall be a duty of an academic teacher or another researcher. In justified cases a release from this duty may be granted.
2. The Minister competent for higher education shall determine, by way of regulation, the amount and conditions of payment of remunerations for a promoter as well as the payment for reviews and opinions, referred to in paragraph 1, taking into consideration that:
1) the remuneration shall be set in relation to the minimum rate of the basic remuneration of a profesorzwyczajny, specified in the provisions on academic teachers’ remuneration.
2) the remuneration shall be paid by the unit appointing the promoter or commissioning the preparation of a review or opinion, however the unit employing a candidate for the degree of doctor or habilitated doctor or the title of professor may assume this duty.
Art. 31. The Minister competent for higher education, upon the consultation with the Central Commission, shall, by way of regulation, determine the detailed procedure of conducting doctoral and habilitation proceedings as well as a proceeding for awarding the title of professor taking into consideration in particular:
1) documents which should be presented by a person applying for the initiation of the doctoral and habilitation proceeding as well as the proceeding for the award of the title of professor;
2) the composition and form of activity of commissions and committees appointed by the councils of organizational units conducting the doctoral and habilitation proceedings as well as the proceedings for the award of the title of professor, and a possibility to appoint persons holding the title of professor or the degree of habilitated doctor, and in case of a proceeding for the award of the academic title – exclusively holders of the title of professor - to be members of the commissions and committees in the doctoral or habilitation proceedings, save for the commission conducting an examination of foreign language;
3) a possibility and conditions of repeating the doctoral examinations and habilitation colloquia;
4) requirements to be met by the reviews;
5) rules concerning the presentation and assessment of doctoral and habilitation dissertations having forms of collective works as well as ways of adopting resolutions on awarding the degree of doctor and habilitated doctor;
6) specimens of doctoral and habilitation diplomas;
7) determination of the amount of fees for issuing a doctoral or habilitation diploma and its counterparts and copies in a foreign language as well as the body entitled to take decision in this domain;
8) rules concerning the notification of the Minister competent for higher education about the award of the degree of doctor and habilitated doctor, specimens of appropriate notices and the rules concerning the publication of the names of persons whom these degrees have been awarded to.
Art. 32. 1. Awards of the Prime Minister hereinafter referred to as “awards” may be granted for the doctoral and habilitation dissertations of distinction as well as for the research, research and technical or artistic activity;
2. The Prime Minister shall determine, by way of regulation, the number, amount and terms as well as the procedure of granting the awards, referred to in paragraph 1, taking into consideration in particular:
1) the composition and competences of the committee for awards hereinafter referred to as „the committee”
2) the committee’s term of office
3) the amount of remunerations for the members of the committee and the consultees of applications as well as the conditions of reimbursement of travel costs of the committee’s members and consultees;
4) the rules concerning the provision of service and financing of the committee’s work;
5) units entitled to file a request for granting an award;
6) specification of necessary documentation as well as the rules and term of its forwarding;
7) the date of granting the award.
Chapter 5
The Central Commission for Degrees and Titles
Art. 33. 1.The Central Commission shall act at the Prime Minister’s Office and shall perform the duties of the Central Body of Governmental Administration.
2. The Central Commission shall give its opinion on the drafts of legal acts on matters connected with the award of the degree of doctor and habilitated doctor as well as the title of professor. It shall also give its opinion on matters of employment in a higher education institution on a position of professor nadzwyczajny (associated professor) of persons who do not hold a degree of habilitated doctor.
3. The President of the Central Commission shall be appointed by the Prime Minister from among two candidates proposed by the Central Commission from among its members.
4. The respective organizational units of the office providing service to the Minister competent for higher education as well as the Bureau of the Central Commission shall provide service to the Central Commission. The provisions on the employees of Government offices shall apply to the employees of the Bureau of the Central Commission, and the provisions on Civil Service shall apply to civil servants.
5. The Prime Minister upon the consultation with the Central Commission shall determine by way of regulation the rules and scope of service, including administrative and financial one of the Commission’s work, the amount of remuneration for the members of the Central Commission as well as the rules concerning the reimbursement of travel costs of its members and the reviewers who were appointed by the Central Commission, taking into consideration in particular the fact that the amount of the remuneration for the members of the Central Commission shall be set in relation to the minimum rate of the basic remuneration of profesor zwyczajny specified in the provisions on the academic teachers’ remuneration.
Art. 34. 1. The Central Commission’s term of office shall be four years and shall start on 1 January.
2. A Polish citizen holding the title of professor may be a member of the Central Commission.
3. The members of the Central Commission shall be elected by persons holding the title of professor. The candidates for the members of the Central Commission may be proposed by the councils of organizational units entitled to award the degree of doctor.
4. The Central Commission shall be composed of at least three representatives of each field of science or art specified on the basis of article 3 paragraph 1.
5. The Prime Minister shall, upon the consultation with the Central Commission, determine, by way of regulation, the number of the members of the Central Commission as well as the terms and procedure of their election, and in particular
1) the number of the members of the Central Commission representing specific fields of science and art as well as scientific and artistic disciplines;
2) the number of candidates proposed from every scientific or artistic discipline, within the scope of which an organizational unit, referred to in paragraph 3, has rights;
3) a possibility to indicate by the election committee the organizational units which shall propose additional candidates, in a case that the number of proposed candidates does not exceed the number of the members of the Central Commission specified for a given field of science or art or scientific or artistic discipline;
4) the composition and the procedure of activity of the election committee appointed by the Prime Minister;
5) the rules concerning the adoption by the councils of organizational units of the resolutions on the proposal of the candidates as well as the conditions of validity of votes cast during the election.
Art. 35. 1. The Central Commission shall act on plenary sessions or through its bodies.
2. The bodies of the Central Commission shall be:
1) The President of the Central Commission;
2) The Presidium of the Central Commission;
3) sections of the Central Commission.
3. The Central Commission shall adopt the resolution upon the consultation with at least one reviewer. The resolutions on the refusal to award the degree or the title in matters referred to in art. 15 paragraph. 2, art. 19 paragraph 1 and art. 28 paragraph. 3, may be adopted upon the consultation with at least two reviewers, including at least one who is not a member of the Central Commission.
4. The Central Commission shall adopt the resolutions in matters, referred to in art. 15 paragraph 3 and 4, art. 19 paragraph 2 and 3 and art. 27 paragraph 5, upon the consultation with at least one reviewer.
5. The competences of the bodies of the Central Commission, rules concerning the election of the Presidium of the Central Commission, its organization and procedure of activities as well as the rules concerning the appointment of the reviewers shall be determined in the statute adopted by the Central Commission.
Art. 36. The Central Commission shall send its annual activity report to the organizational units.
Chapter 6
Doctoral studies
Art. 37. 1. The doctoral studies shall prepare to the award of the doctor’s degree
2. The doctoral studies may be provided by organizational units entitled to award the degree of habilitated doctor.
3. The doctoral studies may have a form of corporate studies provided by units referred to in paragraph 2, with the participation of other organizational units. The tasks of respective organizational units and the rules of financing of doctoral studies shall be determined by agreements concluded between these units.
4. Doctoral studies in a higher education institution shall be established by the Rector and in another research institution by its director.
5. The content related supervision over doctoral studies shall be performed by the council of an organizational unit providing this studies.
6. Doctoral studies shall be provided in a form of full-time or extramural studies.
7. Full-time doctoral studies shall be free of charge.
8. The amount of tuition fees for extramural doctoral studies, provided that these studies are fee-paying shall be determined by a body providing these studies.
Art. 38. 1. The basic obligations of the students of doctoral studies shall include:
1) participation in classes and taking obligatory examinations;
2) conducting research or artistic activity and submitting the activity reports.
2. The students of full-time doctoral studies shall be also obliged to run classes or to participate in running them. The maximum number of hours of classes run by doctoral students can not exceed 90 computational hours annually.
3. The doctoral students, who do not fulfill their obligations referred to in paragraph 1 and 2, may be withdrawn from the list of doctoral students. The decision on the withdrawal shall be taken by the manager in charge for the studies. An appeal against this decision may be submitted to the body which has established the studies, within 14 days from its receipt.
4. Students of doctoral studies shall be liable to the disciplinary responsibility in compliance with the rules set for students under separate provisions.
Art. 39. 1. Students of doctoral studies shall have a right to:
1) an annual 8-week break during holidays
2) a social insurance and general health insurance pursuant to the rules specified under the separate provisions.
2. The period of carrying out doctoral studies, irrespective of the day of its completion, not longer than four years, shall be included in the work period determining employee’s rights, provided that the defense of a doctoral dissertation takes place within one year from the date of the completion of these studies.
3. The period determining employee’s rights shall also include the period of carrying out the full-time doctoral studies, provided that they have been stopped due to undertaking employment as an academic teacher or researcher and the doctor’s degree have been obtained within the period provided for these studies.
4. If the regulations referred to in art. 8 paragraph 2 of the Act of 4 March 1994 on the Company Social Fund (Dz. U. of 1996 No 70, item. 335,with further amendments .1)), provides so, the students of doctoral studies may also benefit from the Company Social Fund.
Art. 40. 1. A student of doctoral studies may also receive a doctoral scholarship.
2. The minimum amount of the scholarship, referred to in paragraph 1, can not be lower than 60% of the minimum basic remuneration of an assistant specified in the provisions on the academic teachers’ remuneration.
3. The decision on granting a doctoral scholarship and its amount shall be taken by a body establishing doctoral studies.
4. Students of full-time doctoral studies may undertake paid work save for paragraph 5. The performance of this work should not interfere with the activities resulting from the curriculum of the doctoral studies.
5. Students of doctoral studies obtaining a scholarship may undertake paid work exclusively on the part-time basis, upon the consent of the manager in charge for these studies.
6. In case of withdrawal from the list of students of doctoral studies , the entity which have granted the scholarship may move for giving it back.
Art. 41. The Minister competent for higher education shall determine, by way of regulation the terms and procedure of organization, conduct and carrying out of doctoral studies as well granting scholarships to persons carrying out these studies as well as the reimbursement of scholarship, taking into consideration in particular:
1) determination of the period of study and the possibility of its prolongation, including the right to additional prolongation of the period of doctoral studies by the period of maternity leave provided for in separate provisions;
2) the rules concerning the recruitment of students;
3) detailed rights of a body establishing doctoral studies, the council of an organizational unit and the manager in charge of the doctoral studies;
4) detailed rules concerning charging the doctoral students with running classes
5) a specimen of doctoral student’s identity card and the certificate of the completion of doctoral studies;
6) the amount of fees for issuing the identity card and the certificate.
Chapter 7
Changes in the provisions in force, the transitory and final provisions
Art. 42. In the Act of 31 July 1981on the remuneration for persons on high state managerial positions (Dz. U. No 20, item 101, with further amandmnets2)) in art. 4 paragraph. 1 words "academic title of professor or academic degree of habilitated doctor" shall be replaced with "academic title of professor or title of professor of art, academic degree of habilitated doctor or degree of habilitated doctor of art".
Art. 43. In the Act of 12 September 1990 on Higher Education (Dz. U. Nr 65, item 385, with further amendments 3)) the following changes shall be introduced:
1) In art. 2 the paragraph 2 shall have the following tenor:
"2. The following notions referred to in the Act:
1) "science" and "research" shall also mean respectively "art" and "artistic work",
2) "academic degree of doctor" and "academic degree of habilitated doctor " shall also mean respectively "degree of doctor of art" and "degree of habilitated doctor of art",
3) "academic title of professor" shall also mean respectively "title of professor of art";
2) in art. 5 the second sentence shall be deleted.
Art. 44. In the Act of 26 July 1991 on the income tax from natural persons (Dz. U. of 2000. No 14, item. 176, with further amendments 4)) in art. 21 paragraph 1 the following changes shall be introduced:
1) in point 39 words "issued by the Minister competent for doctoral studies and academic scholarships" shall be replaced with words " on the academic degrees and academic title and on the degrees and title in the field of art";
2) in point 40 words "on the academic title and degrees" shall be replaced with words "on the academic degrees and title and on the degrees and title in the field of art".
Art. 45. In the Act of 26 June 1997 on Higher Vocational Schools (Dz. U. No 96, item 590, with further amandments5)) in art. 2 after paragraph. 2 - the paragraph 3 having the following tenor shall be added
"3. The following notions referred to in the Act:
1) research shall also mean artistic work respectively,
2 ) the academic degree of doctor and habilitated doctor shall also mean the degree of doctor of art and the degree of habilitated doctor of art respectively,
3) the academic title of professor shall also mean the title of professor of art respectively.".
Art. 46. In the Act of 4 September 1997 on the sectors of governmental administration (Dz. U. of 1999 No 82, item 928,with further amendments .6)) in art. 26 in paragraph 1 the words “supervision over awarding of academic titles” shall be deleted".
Art. 47. In the Act of 13 October 1998 on the Social Insurance Scheme (Dz. U. No137, item 887 with further amandemnts.7)) art. 7 point 4 shall have the following tenor:
"4) for students and doctoral students provided that they are not covered by pension or annuity insurance on the basis of another title,".
Art. 48. In the Act of 20 July 2000 on the publication of normative acts and some other legal acts (Dz. U. No 62, item 718, of 2001 No 46, item 499 and of 2002 No 74 item 676 and No 113, item 984) in art. 10 in .paragraph 2 point 4 in the letter j the words: "and the title of professor of art" shall be added after the word: "professor".
Art. 49. 1. Organizational units entitled to award the academic degrees on the basis of the provisions hitherto in force shall retain the right provided that they have met the requirements specified in this Act.
2. The rights of organizational units to conduct the I and II degree qualifications proceedings in the scope of art and artistic disciplines, obtained on the basis of the provisions hitherto in force shall become the rights to award the degrees in the field of art, provided that a given organizational unit meets the requirements specified in article 6.
3. The organizational units entitled to conduct I and II degree qualification proceedings in the scope of art and artistic disciplines, which fail to meet the requirements concerning the number of employees, specified in art. 6, shall enjoy the rights referred to in paragraph 2 within one year from the day of coming into force of the Act. If within this period the organizational unit does not meet the requirements provided for in the Act, it shall loose the rights. The provision of art 8 paragraph 3 shall apply respectively.
4. Requests concerning the award of the rights to conduct the I and II degree qualification proceeding in the field of art and artistic disciplines not examined before this Act coming into force shall be examined on the basis of the provisions herein.
Art. 50. 1. Persons who have been awarded the II degree qualifications on the basis of the provisions hitherto in force shall have rights equivalent to the rights resulting from being awarded the degree of doctor of art or the habilitated doctor of art respectively.
2. Persons who have obtained the II degree qualifications on the basis of the provisions hitherto in force shall be taken into consideration while setting the conditions referred to in art. 6 as well as they may act as promoters and reviewers in doctoral proceedings and as a reviewer in habilitation proceedings in the scope of art.
3. The academic title of professor of a given field of art., awarded on the basis of the provisions hitherto in force shall become the title of professor specified herein, however the person holding the academic title of professor of a given field of art shall retain the right to use this title in the hitherto existing tenor.
Art. 51. 1. The doctoral and habilitation proceedings not completed before the day of entering into force of the Act shall be conducted on the basis of provisions hitherto in force.
2. The I and II degree qualifications in the field of art and artistic discipline not completed before the day of entering into force of this Act shall be conducted on the basis of the provisions hitherto in force however as the result of their award the degrees of doctor and habilitated doctor shall be awarded respectively.
3. The proceedings for the award of the academic title of a given field of art, not completed before the day of entering into force of the Act shall be conducted on the basis of provisions hitherto in force, however as a result of their awards the title of professor of art shall be awarded.
Art. 52. As of the day of coming into force of this Act, the Central Commission for Academic Title and Degrees shall become the Central Commission within the meaning of the provisions of the Act. The term of office of this Commission shall expire on 31 December 2006.
Art.53. By the time of issuing the executive regulations on the basis of this Act the provisions of the executive acts hitherto in force shall remain in force provided that they are not contrary to this Act.
Art. 54. The Act of 12 September 1990 on the academic title and academic degrees (Dz. U. No 65, item 386, of 1997 No 43, item 272 and of 2000 No 120 item 1268) shall lose its force.
Art. 55. The Act shall come into force after 14 days of its promulgation save for art. 24 paragraph 4 point 5, which shall come into force as of the day when The Republic of Poland becomes a member of the European Union.