Academic Researcher Work and the Confusion of Public Authorities. A Bleak Outlook for the Consequences of the Higher Education Reform in Poland – Comparative Approach

From the very beginning, it was assumed that the new regulation – Law on Higher Education and Science (LHES) would mark the implementation of a ground-breaking, comprehensive reform – “Constitution for Science.” It was emphasised that the project constituted the most extensive reform implemented wit...

Full description

Bibliographic Details
Main Authors: M. Świstak, P. Smoleń
Format: Article
Language:English
Published: Publshing House V.Ема 2022-11-01
Series:BRICS Law Journal
Subjects:
Online Access:https://www.bricslawjournal.com/jour/article/view/713
_version_ 1797855791458287616
author M. Świstak
P. Smoleń
author_facet M. Świstak
P. Smoleń
author_sort M. Świstak
collection DOAJ
description From the very beginning, it was assumed that the new regulation – Law on Higher Education and Science (LHES) would mark the implementation of a ground-breaking, comprehensive reform – “Constitution for Science.” It was emphasised that the project constituted the most extensive reform implemented within the framework adopted by the EC as the model for all large-scale systemic changes since the last thirty years. Unfortunately, the efforts made to date by the Minister of Finance and Minister of Science and Higher Education in the face of the many difficulties emerging at the meeting point between copyright, tax and education laws have to be deemed ineffective. Against the background of the analysed solutions in BRICS countries, the Polish solutions are the most far-reaching in terms of protecting the interests of academic teachers. They lead to a reduction of the tax burden (by applying 50% tax deductible costs) by exactly half. While the very idea adopted on the grounds of Polish legal solutions deserves a high assessment and may constitute an interesting model to be copied in the BRICS countries (as far-reaching benefits for university researchers), the manner of its introduction deserves criticism. The adopted legal basis, as shown in the study, is not internally coherent at the junction of tax law, copyright law and higher education law. In fact, they are even mutually exclusive. For this reason, the manner of proceeding with this legitimate regulation cannot be recommended in the BRICS countries.
first_indexed 2024-04-09T20:29:48Z
format Article
id doaj.art-2b293e31e4074ef599302019cff8861b
institution Directory Open Access Journal
issn 2409-9058
2412-2343
language English
last_indexed 2024-04-09T20:29:48Z
publishDate 2022-11-01
publisher Publshing House V.Ема
record_format Article
series BRICS Law Journal
spelling doaj.art-2b293e31e4074ef599302019cff8861b2023-03-30T20:04:02ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432022-11-019413416110.21684/2412-2343-2022-9-4-134-161248Academic Researcher Work and the Confusion of Public Authorities. A Bleak Outlook for the Consequences of the Higher Education Reform in Poland – Comparative ApproachM. Świstak0P. Smoleń1Maria Curie-Skłodowska UniversityJohn Paul II Catholic University of LublinFrom the very beginning, it was assumed that the new regulation – Law on Higher Education and Science (LHES) would mark the implementation of a ground-breaking, comprehensive reform – “Constitution for Science.” It was emphasised that the project constituted the most extensive reform implemented within the framework adopted by the EC as the model for all large-scale systemic changes since the last thirty years. Unfortunately, the efforts made to date by the Minister of Finance and Minister of Science and Higher Education in the face of the many difficulties emerging at the meeting point between copyright, tax and education laws have to be deemed ineffective. Against the background of the analysed solutions in BRICS countries, the Polish solutions are the most far-reaching in terms of protecting the interests of academic teachers. They lead to a reduction of the tax burden (by applying 50% tax deductible costs) by exactly half. While the very idea adopted on the grounds of Polish legal solutions deserves a high assessment and may constitute an interesting model to be copied in the BRICS countries (as far-reaching benefits for university researchers), the manner of its introduction deserves criticism. The adopted legal basis, as shown in the study, is not internally coherent at the junction of tax law, copyright law and higher education law. In fact, they are even mutually exclusive. For this reason, the manner of proceeding with this legitimate regulation cannot be recommended in the BRICS countries.https://www.bricslawjournal.com/jour/article/view/713academic teachercopyright lawtax-deductible expensescreative activity
spellingShingle M. Świstak
P. Smoleń
Academic Researcher Work and the Confusion of Public Authorities. A Bleak Outlook for the Consequences of the Higher Education Reform in Poland – Comparative Approach
BRICS Law Journal
academic teacher
copyright law
tax-deductible expenses
creative activity
title Academic Researcher Work and the Confusion of Public Authorities. A Bleak Outlook for the Consequences of the Higher Education Reform in Poland – Comparative Approach
title_full Academic Researcher Work and the Confusion of Public Authorities. A Bleak Outlook for the Consequences of the Higher Education Reform in Poland – Comparative Approach
title_fullStr Academic Researcher Work and the Confusion of Public Authorities. A Bleak Outlook for the Consequences of the Higher Education Reform in Poland – Comparative Approach
title_full_unstemmed Academic Researcher Work and the Confusion of Public Authorities. A Bleak Outlook for the Consequences of the Higher Education Reform in Poland – Comparative Approach
title_short Academic Researcher Work and the Confusion of Public Authorities. A Bleak Outlook for the Consequences of the Higher Education Reform in Poland – Comparative Approach
title_sort academic researcher work and the confusion of public authorities a bleak outlook for the consequences of the higher education reform in poland comparative approach
topic academic teacher
copyright law
tax-deductible expenses
creative activity
url https://www.bricslawjournal.com/jour/article/view/713
work_keys_str_mv AT mswistak academicresearcherworkandtheconfusionofpublicauthoritiesableakoutlookfortheconsequencesofthehighereducationreforminpolandcomparativeapproach
AT psmolen academicresearcherworkandtheconfusionofpublicauthoritiesableakoutlookfortheconsequencesofthehighereducationreforminpolandcomparativeapproach