Proposals For Legislative Amendments Regarding The Establishment Of The Legal Regime Of The Decisions Issued By The University Ethics Commission - Between Necessity And Urgency

Speaking of university ethics since the first decade of the XXII century, we would be tempted to consider that the principles of academic ethics are relatively recent or that the need for regulation has become stringent in the current context of the information society, in which the detection of plagiarism, for example, is favored by internet technology. In fact, what is recent is the intervention of the legislator, including in the Romanian education system, in establishing the rules for sanctioning the violation of the principles of university ethics. The study starts from the principles of the national higher education system enunciated in art. 118 of Law no. 1/2011, analyzes the regulations of the section dedicated to university ethics in the special normative act (art. 306-310 and art. 318-326 of the National Education Law) but also of other normative acts (Law no. 206/2004) and refers to the analysis of the content and statistics of the decisions of the courts invested to rule on the appeals of decisions aimed at sanctioning deviations from university ethics. The conclusions are in the sense of the need for the legislative harmonization of the provisions incident to the activity of the university ethics commissions between the two normative acts, Law no. 206/2004 and Law no. 1/2011, at least as regards the classification of the decisions/reports of the ethics commissions between an act of labor law or an administrative act and the elimination of the ambiguity from the legal texts. Finally, are presented proposals for legislative changes deemed appropriate for legislative harmonization.