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Higher Education Law

What entails Academic Freedom in Georgia?

It guarantees professors and students the right to teach, research, and publish findings without interference or censorship from the university administration or state.

How is a University Rector elected?

The Rector is elected by the Academic Council via secret ballot. The process is governed by the Law on Higher Education and the university's charter.

Can a university revoke a degree?

Yes, if plagiarism or falsification of data in the thesis is proven later, the university has the right to revoke the awarded degree.

What is the Bologna Process?

It's a series of agreements to ensure comparability in the standards and quality of higher education qualifications across Europe, which Georgia is a part of.

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Higher Education Law: Governance and Regulations

Higher education law is a specialized field regulating the relationship between universities, the state, and students. It covers not only technical authorization/accreditation issues but also university autonomy, academic freedom, and the election and functioning of governing bodies (Academic and Representative Councils). Georgia operates a three-cycle higher education system (Bachelor's, Master's, PhD) integrated with the European Higher Education Area (Bologna Process). Consequently, the legal framework is based on both local legislation and international obligations. Incorrect legal management can lead to a governance crisis within the university or financial sanctions.

This service covers a wide range: from university management to student mobility and funding issues. We help rectors, heads of administration, and academic staff navigate legal labyrinths.

What Does the Higher Education Law Service Cover?

Experts on Legal.ge offer strategic and operational legal assistance:

  • University Governance: Legal assurance for elections of the Rector, Academic Council, and Representative Council; drafting bylaws.
  • Academic Freedom and Ethics: Establishing procedures for handling plagiarism cases and protecting the rights of academic staff.
  • Student Relations: Legal support for student contracts, mobility rules (internal and external), and grant administration.
  • International Cooperation: Drafting agreements for exchange programs and Double Degree programs with foreign universities.
  • State Funding: Resolving legal issues related to state grants and program funding.

Common Real-World Scenarios and Needs

The following types of disputes and needs are common in the higher education sector:

  • Election Appeals: The results of Rector or Dean elections were challenged due to procedural violations, paralyzing the university's operations.
  • Plagiarism Disputes: A doctoral student's status was terminated due to plagiarism allegations, which they appealed in court because the university lacked a clear plagiarism detection policy.
  • Mobility Issues: A student's credits obtained abroad were not recognized due to inadequate justification.
  • Reorganization: Labor rights of academic staff were violated during the merger or abolition of faculties.

Georgian Legal Framework

The main regulatory document is the Law of Georgia on Higher Education, which defines the scope of university autonomy and management structure. Also important are the Regulation on Authorization of Higher Education Institutions and the National Qualifications Framework. For Legal Entities of Public Law (State Universities), the Law on Legal Entities of Public Law additionally applies.

Service Process

Cooperation involves:

  1. Structural Analysis: Reviewing the university's management model.
  2. Documentation Development: Preparing election regulations and codes of ethics.
  3. Consultation: Providing legal advice to governing bodies during crisis situations.
  4. Dispute Management: Court representation in administrative disputes.

Why Choose a Specialist on Legal.ge?

Higher education law requires knowledge not only of jurisprudence but also of the specifics of the academic environment. Legal.ge allows you to find lawyers with experience working in universities who understand the importance of academic freedom and institutional autonomy.

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Specialists for this service

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