Object's details: Liability for damages of members of disciplinary bodies as a prerequisite for their compulsory coverage by a third party liability insurance. Comments in the context of the draft Act on Higher Education and Science

Provider:Platforma Otwartych Czasopism Naukowych UAM

Description

Title:
Liability for damages of members of disciplinary bodies as a prerequisite for their compulsory coverage by a third party liability insurance. Comments in the context of the draft Act on Higher Education and Science
Creator:
Nizioł, Krystyna
Description:
Members of disciplinary bodies (disciplinary ombudsmen and members of disci plinary commissions) are at risk of being held liable for compensatory damages arising in connection with their duties (i.e. for procedural failures in disciplinary proceedings). The lack of regulations concerning the liability for compensation by the members of disciplinary bodies is also a factor which is unfavourable for those who suffered damage as a result of disciplinary proceedings. As can be seen from the resolution of the Supreme Court of 27 September 2012 analysed in this study, for procedural violations committed in the course of discipli nary proceedings, members of disciplinary bodies are personally liable, jointly and severally with the higher education institution in which they are employed. The conclusions of the analysis of the case law therefore also point to the need to address this problem in a systematic manner. This objective has been partially achieved in the draft of the new Act on Higher Education and Science, which includes for the first time a provision on the optional coverage of members of disciplinary bodies with a third party liability insurance. Nevertheless, it could be argued that this regulation ought to be improved by introducing a compulsory third party liability insurance of members of disciplinary bodies, specifying, preferably in the imple- menting regulation, the minimum amount guaranteed, and elements such as the scope of the third party insurance and the date of commencement of the insurance cover (e.g. the day preceding the commencement of the function of disciplinary ombudsman or member of a disciplinary committee). Such a solution is supported by the analysis of regulations concerning obligatory third party insurance applica- ble to selected professions which has been carried out in the present study. In the case of these professions, the solution that was applied is the one that clarifies the regulations related to the obligatory third party insurance covering the performance of these professions.
Object availability:
free access
Rights:
Prawa autorskie (c) 2019 Krystyna Nizioł;
https://creativecommons.org/licenses/by-nc-nd/4.0
Date:
2019.06.15
Type:
info:eu-repo/semantics/article;
info:eu-repo/semantics/publishedVersion;
Artykuł naukow;
Artykuł naukowy
Language:
Polish
Source:
Studia Prawa Publicznego; No. 2(22) (2018); 9-27;
Studia Prawa Publicznego; Nr 2(22) (2018); 9-27;
2720-2445;
2300-3936
Format:
application/pdf
Publisher:
Adam Mickiewicz University Poznan
Relation: http://pressto.amu.edu.pl/index.php/spp/article/view/21073/20358
Subject:
higher education;
disciplinary liability;
compulsory third party lia bility insurance
Identifier: http://pressto.amu.edu.pl/index.php/spp/article/view/21073
Data provider:
Platforma Otwartych Czasopism Naukowych UAM

Similar objects

Liability for damages of members of disciplinary bodies as a prerequisite for their compulsory coverage by a third party liability insurance. Comments in the context of the draft Act on Higher Education and Science

Creator:Nizioł, Krystyna

Date:2019.06.15

Type:text

What kind of procedural rules should be used in the proceedings based on Article 33 Sec. 6 of Hunting Law

Creator:Kościelniak-Marszał, Miłosz

Date:2017.09.25

Type:other

The Disciplinary and Criminal Liability of Judges in Poland. A Criminalistics Study of Cases of Disciplinary and Criminal Liability of Judges in the Years 2010–2018

Creator:Hrehorowicz, Małgorzata

Date:2020.12.30

Type:text

Formation of the higher school management in Ukraine

Creator:Pochtovyuk, Andrew B.

Date:2020.11.20

Type:text

The Contribution of the Scientific Community Towards Quality University Education in the Interwar Period as Presented in the Szkoły Akademickie Periodical

Creator:Kula , Ewa | Pękowska, Marzena

Date:2019.09.15

Type:other

Online higher education during the pandemic: The case of Hungary

Creator:Dunajeva, Jekatyerina

Date:2022.12.18

Type:other

Access to Higher Education – From the Orientation to Elite Through Democratization to Parentocracy

Creator:Sobczak, Anna

Date:2018.12.15

Type:other

The 21st Century University. Social Network of Students, Graduates and Academic Staff in an Innovative Model of Education ideAGORA

Creator:Maj , Konrad

Date:2017.03.15

Type:text

Federacja Bibliotek Cyfrowych

Object's details: Liability for damages of members of disciplinary bodies as a prerequisite for their compulsory coverage by a third party liability insurance. Comments in the context of the draft Act on Higher Education and Science

Description

Similar objects