Bulgarian Constitutional Court Mauls Academic Degrees 'Reform'

Society » EDUCATION | October 6, 2010, Wednesday // 00:08
Bulgaria: Bulgarian Constitutional Court Mauls Academic Degrees 'Reform' Photo by the Constitutional Court.

The Bulgarian Constitutional Court has repealed a dozen key provisions of the controversial academic degree system reform bill much vaunted by education minister Sergei Ignatov.

Apart from number of breaches of constitutionally mandated powers and the right to equal treatment, the Court's decision implies that the law is overall deeply flawed.

Its conclusioin is that the legislative act "does not exhibit a clear conception of the matter it regulates" and that it provides preconditions for heavy misconstrual.

The Constitutional Court's recommendation for Parliament is to consider a completely new law on the matter.

This recommendation is not binding, as the legislative body might choose just to replace the articles repealed by new ones.

Yet, Parliament is going to have a hard time doing that given the provisions concern key moments of the new legislation.

The completely new law drafted by Minister Ignatov and passed by Parliament in May stirred controversy in academic circles, with commentators seeing both strong pros and contras.

One of its chief innovations was abolishing the state Higher Attestation Commission - the institution responsible for all academic degrees and apointments in Bulgaria up to now.

It also liberalized the acquiring of degrees and reportedly gave more power to universities.

Yet, it also gave a lot of powers to the institution of the Minister of Education, which was one of the main points the high Court found as unconstitutional.

Among other things, it argued that the legislation virtually gave the executive the power to rule by decree on matters that should be arranged by law.

The many unclarities that the new legislation was criticised for even before adopted were found by the Constitutional Court to provide ample room for unequal treatment.

The law was refered to the Court by a number of opposition MPs in the beginning of June, right after it was encted.

Whatever the sort of the mauled legislative document, the current situation is sure to cause havoc in the Bulgarian academic system, which already has ample problems, being beset by heavy underfunding on the part of the state.

The Court's decision will also severely impede - if not put a halt to - Sergei Ignatov's ambitious and controversial attempt at a drastic refom of Bulgarian higher education.

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Tags: Sergei Ignatov, Bulgarian Universities, higher education, academic titles

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