Sunday, June 29, 2014

Again, how many quarts in a gallon the actual theme of the week is the question of the appointment


Forget it, that the law is "set of existing laws." ACTUAL LAW IS ANOTHER WORLD IS TO intellectual challenge, context, entertainment, arts, mission, how many quarts in a gallon life ... THIS BLOG BRINGS A NEW RANDOM OBSERVATIONS FROM ANOTHER WORLD RIGHTS.
Again, how many quarts in a gallon the actual theme of the week is the question of the appointment of professors at universities - may therefore be interesting to see what actually is the legal nature of "Professor appointment" under 74 et seq. the Higher Education Act and what legal regime for the application of this concept arises from the law. The topic I dealt almost two years ago from the viewpoint of the legal-historical (What Habilitation and professorship?, Other Law, 17 January 2012), when I pointed to the fact that under the current legislation, whose roots go back at this point to reform Master of Law in 1956, he was appointed Professor essentially awarding qualifications, whereas under the rules of the First Republic they were conferring functional space. What is the significance it has for the assessment of the legal nature of the appointment of a professor by the Higher Education Act, is obvious. We can exclude the possibility qualification of appointment as the appointment act belonging to the broader category of official acts resp. internal acts in public administration. The appointment of a professor of law provides regulated eligibility to work teaching at the university - professors and lecturers can guarantee the quality and development of the study program how many quarts in a gallon for the purpose how many quarts in a gallon of accreditation ( 70 paragraph 4 of the Law on Higher Education) and without how many quarts in a gallon special approval by the Scientific Council to examine at the state exams ( 53 paragraph 2). At this point, it must be recognized that the level of legal regulation itself are somewhat obscure differences between the position of associate professor and professor, arising mainly from the detailed administrative practice Accreditation Commission when assessing applications for accreditation how many quarts in a gallon of study programs, and then the internal regulations of individual universities. Akt professor appointment is an administrative act towards acquiring professional qualification and the nature of an administrative procedure, which, however, has specific features. Above is divided into two phases, which has a number of legal consequences. The first phase concerns the proceedings before the scientific board ( 74 of the Act on Universities), while the second phase includes how many quarts in a gallon a private appointment by the President of the Republic ( 73). Consider first the dvoufázovost process of appointing a professor of constitutional viewpoint. As regards the allocation of qualification for certain work activities covered how many quarts in a gallon by the Article 26, paragraph 1 and 2 of the Charter how many quarts in a gallon of Fundamental Rights and Freedoms. how many quarts in a gallon Terms of the acquisition of such a qualification must therefore be established by law. At the stage of the proceedings before the Scientific Council, however, shows a significant aspect of the free evaluation documents; I believe that Article 15, paragraph 2 of the Charter of Fundamental Rights and Freedoms, which excludes how many quarts in a gallon the sphere of scientific research (and a fortiori, its evaluation) of the influence of the state, protects the responsibility of the Scientific Council as a self-governing body of academic high school. (But does not protect current practice, the resolution of scientific advice according to 74 paragraph 6 of the universities lack justification, which by the way failed the practice how many quarts in a gallon prvorepublikové even cisleithan Austria.) Comparable discretion, however, for the same constitutional reasons, they can not have national bodies involved The procedure for the appointment of a professor, a president and mode countersigned by the government. Let's look at the process of appointment of professors in terms of current statutory scheme. I believe that the relationship how many quarts in a gallon between the two stages of this process can not be understood without taking into account the ratio of the Higher Education Act to the Administrative Procedure Act. The Higher Education Act provides for the procedure of appointment lockout Administrative Code ( 74, paragraph 7). By controlling the appointment of professors, however, under the same Act means just a phase before the Scientific Council; how many quarts in a gallon In addition, the 180 of the Administrative Code, which provides that in earlier legislation shutout of the Administrative Code applies only to the extent that the relevant legislation itself contains adequate treatment of procedural issues. The closure of the Administrative Code does not apply to custom appointment of professors according to 73 of the Law on Higher Education. how many quarts in a gallon I believe that the proposal of the Scientific Council for the appointment of a professor, presented to the President through the relevant minister under 73 of the Law on Higher Education, how many quarts in a gallon is to be regarded how many quarts in a gallon as a binding how many quarts in a gallon opinion within the meaning of 149 of the Administrative Code. Binding opinion is the act of which is decisive for the operative part and the reference to it in itself sufficient to justify such a decision. This corresponds exactly to the administrative how many quarts in a gallon practice in the appointment of professors how many quarts in a gallon and university law itself also has an analogy in the concurring opinions of the Accreditation Commission for accreditation of a study program and its use in decision-making practice of the Ministry of Education, Youth and Sports. There is, however, a relatively binding opinion, as the Ministry is according to the express wording of 79 of the Higher Education how many quarts in a gallon Act authorized

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