The Scope of the Law — the Boundaries of Higher Education Law
Higher education law in Georgia is defined by the Law on Higher Education. The first article of the law explains its scope: it regulates the process of carrying out the educational and scientific-research activities of higher education institutions, the principles and rules of the governance and funding of higher education, establishes the rules for the foundation, activity, reorganization and liquidation of an institution, and also the principles of authorization and accreditation. Which body conducts authorization and accreditation is determined by other norms of the law — the anchor articles of this page do not contain that detail.
This framework determines that any matter — from the foundation of an institution to the rights of a student — is resolved through the prism of precisely this law, and a separate specialized question is first placed in the systemic framework and then assembled with specialized norms.
The Core of Students’ Rights
The subjective core of the system is the catalogue of Article 43 of the law: a student has the right to receive quality education, to participate in scientific research, to use the material-technical, library and informational means of the institution on equal terms, to elect and be elected to student self-governance and to management bodies, to found or join student organizations in accordance with the student’s interests, and to receive a scholarship and assistance. The student also has the right to choose an educational program, to participate in the development of an individual educational program, and periodically to assess the work of the academic personnel.
Article 43 also contains procedural guarantees: disciplinary proceedings must be proportionate to the disciplinary offence; the student has the right to receive a written, reasoned decision on the start of proceedings, to attend the consideration of the case, to exercise the right of defense, to submit available evidence and to demand consideration at a public hearing. The burden of proof lies with the accusing party, and decisions of the institution are appealable in court. The institution must ensure fair assessment of knowledge, and the student’s personal information and views are confidential.
The Three-Tier System
The structural core is Article 46 of the law: academic higher education has three tiers — a bachelor’s educational program comprises at least 180 credits, a master’s program at least 60 or 120 credits, and a doctoral program lasts at least 3 years. An educational program of an institution comprises on average 60 credits over one academic year. After passing a program, a diploma with a standard annex is issued, and for a program not completed — a corresponding certificate. These parameters are the common language of the system: the unity of credits makes programs comparable and creates the structural foundation of mobility.
Academic Freedom — the Fundamental Principle of the System
Article 16 of the law sets the principles of governance: the institution ensures the publicity and accessibility of decisions, reports of management bodies and legal acts to all interested persons, the academic freedom of academic personnel, scientific personnel and students, their participation in decision-making, equal treatment and the fairness of elections. The charter of the institution cannot establish norms restricting these principles — this limit is written into autonomy itself.
Academic freedom is the fundamental principle of the system: the student has the right freely to express the student’s own opinion and to give reasoned refusal to share the ideas offered in the course of the educational process; the institution is prohibited from using its authority and material base in a way that creates a danger of censorship or restricts freedom of expression. The principle of publicity is a practical instrument as well: the form of a decision, the deadline and the authorized body must be readable from transparent procedures.
The Role of the Hub and Satellite Pages
This page is the hub of higher education law, and its four pillars — scope, rights, tiers, academic freedom — reflect the four core axes of the system. The satellite pages cut separately: accreditation and authorization, students’ rights, the affairs of academic personnel. Movement from the hub follows the principle that a concrete problem is first placed in the systemic framework and then resolved with specialized instruments: status through the principles of authorization, quality through the principles of accreditation, and subjective positions through the catalogues of Article 43.
Frequently Asked Questions
Frequently asked questions about higher education law, with short answers.
Which law governs higher education?
The Law on Higher Education — the central act of the field, regulating educational and scientific-research activities, governance, funding, foundation and liquidation, and the principles of authorization and accreditation.
How many tiers are there and with what parameters?
Three: a bachelor’s program of at least 180 credits, a master’s program of at least 60 or 120 credits, a doctoral program of at least 3 years; one academic year comprises on average 60 credits.
What guarantees does a student have in a disciplinary matter?
A written reasoned decision on the start of proceedings, the right to attend and to a defense, the submission of evidence, the right to demand a public hearing; the burden of proof lies with the accusation, and the decision is appealable in court.
What is academic freedom?
The freedom of teaching, research and expression of academic personnel, scientific personnel and students — a fundamental principle of governance that cannot be restricted by the charter.
How We Help on Legal.ge
The Legal.ge team works on every layer of higher education law — from the status of an institution to the guarantees of students and personnel. We determine which norm covers your situation and build the position in the proper form and within the deadlines. Contact us on Legal.ge.