Special Review on Leadership Positions in the Teaching Field in Some Particular Situations

Abstract

The present study was determined by the need to understand the connection between the National Education Law no. 1/2011 and Law no. 360/2002 regarding the status of the police officer. This is against the background of the existence of some leadership positions in the teaching field that can be occupied, due to the specifics of some higher education institutions, by people who are police officers. Both the status of the teaching staff in higher education and the status of the police officer include special norms and, as a consequence, questions are raised regarding the concrete way of applying them. Thus, in the case of police officers, the law allows the empowerment of leadership positions if (only) the following three conditions are met: the police officer must meet the educational requirements set out in the job description, s/he must not be the subject of a disciplinary investigation and s/he must not be under the effect of a disciplinary sanction. On the other hand, the National Education Law stipulates that the positions of rector and dean can be occupied by ‘scientific or academic personalities from the country and abroad’, respectively by ‘people from the university or from any specialized faculty in the country or from abroad’. For the positions of vice-chancellor, vice-dean, and department head, no condition is expressly provided. The vacancy of a position corresponding to such a leadership position, other than through the completion of the mandate, leads to the organization of elections or competition, within a maximum of three months, only for the hypothesis of the rector’s revocation, the university senate being obliged to appoint a vice-rector to represent the higher education institution and become a credit orderer until the appointment of the new rector. When can the power of attorney be ordered for such positions? for how long? What are the conditions that the authorized person must meet? when can the appointment be applied? for what position? and for how long? are the questions we have answered.