Procedure for awarding a doctoral degree – Institute of Legal Sciences PAS

Annex to Resolution No. 110-2019
of the Scientific Council of the
Institute of Law Studies at the Polish
Academy of Sciences of
14 June 2019

Procedure for the conferment of a doctoral degree at the Institute of Law Studies at the Polish Academy of Sciences

I. GENERAL PROVISIONS

Proceedings for the conferment of the degree of Doctor of Law shall be conducted by the Scientific Council of the Institute of Legal Sciences of the Polish Academy of Sciences (hereinafter: ILS PAS), and, within the scope provided for in this resolution, by committees appointed by the Scientific Council of ILS PAS, while applying the provisions of Articles 177-197 and 217 of the Act of 20 July 2018 of the Law on Higher Education and Science (Journal of Laws item 1668, as amended) and the provisions of this resolution.
The resolution shall apply to the proceedings for awarding the degree of Doctor of Law to extramural students. In the event that ILS PAS operates a doctoral school, the Resolution shall apply taking into account the regulations of this school adopted pursuant to Article 205, paragraph 2 of the referenced Law of July 20, 2018.
The Resolution shall not apply to doctoral dissertations that were initiated before 30 April 2019, which shall be governed in accordance with Article 179(1) of the Act of 3 July 2018 of the Introductory Provisions of the Act, the Law on Higher Education and Science (Journal of Laws, item 1669, as amended), by the provisions of the Act of 14 March 2005 on Academic Degrees and Academic Title and Degrees and Titles in Art (Journal of Laws of 2017, item 1789) and the executive regulations issued on the basis of this Act.

II. APPOINTING A SUPERVISOR, SUPERVISORS OR AN ASSISTANT SUPERVISOR

An applicant for a doctoral degree, before submitting an application for the initiation of proceedings for the conferment of a doctoral degree, shall submit an application for the appointment of a supervisor or of a supervisor and an assistant supervisor, and enclose declarations of the candidates for the supervisor and the assistant supervisor on their consent to perform these functions, as well as their commitment to pay the fee referred to in Chapter IV, in accordance with the provisions of that Chapter.
The application referred to in item 1 shall indicate the topic of the doctoral dissertation.
If the doctoral dissertation covers issues from more than one discipline, the person applying for the doctoral degree may submit a request for the appointment of supervisors. In such a situation, in the resolution on the appointment of supervisors, the Scientific Council indicates the discipline in which the proceedings for the conferment of the doctoral degree will take place; however, the proceedings conducted at ILS PAS may lead to the conferment of the degree of Doctor of Law only.
If the dissertation is to be submitted in a foreign language, the application should include the consent of the supervisor, assistant supervisor or supervisors for the submission of the dissertation in that language.
The Scientific Council of ILS PAS resolves to appoint a supervisor or a supervisor and an assistant supervisor or supervisors in a secret ballot by an absolute majority of votes in the presence of at least half the Council members eligible to vote. The members of the Council who hold the title of professor or the academic degree of doctor habilitatus or powers equivalent to the powers resulting from holding the degree of doctor habilitatus in a given discipline pursuant to Art. 226 item 1 of the Law on Higher Education and Science shall take part in the ballot.
The Scientific Council shall appoint a supervisor in place of a person who has resigned from this function for a justified reason. The appointment of a new supervisor takes place after the person who has been performing this function so far submits an application, upon the candidate’s request and after the academic staff member who is to be appointed as a supervisor gives his/her written consent. Voting on the appointment of a new supervisor takes place according to the procedure specified in para. 5.
The Scientific Council appoints an assistant supervisor in place of a person who resigned from this function for a justified reason. The appointment of a new assistant supervisor takes place after the person who has been fulfilling this function so far submits an application, at a joint request of the candidate and the supervisor, after the academic staff member who is to be appointed as the assistant supervisor gives his/her written consent. Voting on the appointment of a new assistant supervisor takes place according to the procedure specified in para.5.

III. METHOD OF VERIFYING THE LEARNING OUTCOMES FOR THE PRK LEVEL 8 COMPETENCES

A person who intends to apply for the initiation of proceedings for the conferment of the degree of PhD, before submitting an application referred to in Article 5, item 1, shall apply to the Chairman of the Scientific Council of ILS PAS for an examination to verify the learning outcomes for the competences at level 8 of the PRK, subject to item 2.
A graduate of doctoral studies at ILS PAS, in accordance with the resolution of the Scientific Council of ILS PAS of April 13, 2018 issued on the basis of § 4 of the Regulation of the Minister of Science and Higher Education of February 10, 2017 on education at doctoral studies in universities and academic centers (Journal of Laws, item 256) and § 1 of the Regulation of the Minister of Science and Higher Education of September 26, 2016 on the second level characteristics of the Polish Competences Framework typical for competences obtained in higher education after obtaining full competences at level 4: levels 6-8 (Journal of Laws, item 1594), issued on the basis of Article 7, paragraph 3 of the Act of 22 December 2015 on the Integrated Competences System (Journal of Laws 2017, item 986), acquires competences at level 8 of the PRK in the course of doctoral studies. The certificate of completion of doctoral studies at ILS PAS certifies the achievement of learning outcomes for competences at PRK level 8.
The examination referred to in item 1 is conducted by a commission appointed by the Academic Council of the ILS PAS, (hereinafter referred to as the “Commission for the Verification of the Learning Outcomes”) consisting of at least three members of the Academic Council who possess the title of professor or the academic degree of doctor habilitatus, or powers equivalent to those resulting from holding the degree of doctor habilitatus in a given discipline, and the supervisor. The Commission shall adopt resolutions by a majority vote in the presence of at least two thirds of its members, including the supervisor.
During an interview with an applicant for the degree of PhD, the members of the committee shall verify his or her competences in terms of knowledge, skills and social competences to the extent specified in item 5, including with respect to the content of the dissertation being written or completed.
A candidate applying for the PhD degree should demonstrate the following competences:

Knowledge	Knows and understands
W-01	to the extent that it is possible to revise current paradigms: the global body of knowledge, including theoretical foundations and general issues and selected specific issues that are relevant to the scholarly discipline,
W-02	the major trends of the scholarly discipline relevant to the curriculum,
W-03	the methodology of research,
W-04	the fundamental dilemmas of modern civilization,
W-05	economic, legal, and other essential determinants of research

Skills	Can
U-01	use knowledge from different fields of science or art to creatively identify, formulate and innovatively solve complex problems or perform research tasks, in particular: define the purpose and object of research, formulate a research hypothesis, develop research methods, techniques, and tools and apply them creatively, make inferences based on findings,
U-02	transfer research findings to the economic and social sphere,
U-03	disseminate research findings, including in popular-scientific formulas,
U-04	initiate debate,
U-05	participate in scientific discourse,
U-06	speak a foreign language to the extent necessary to participate in an international academic and professional community,
U-07	plan and carry out individual and team research or creative projects, including in an international community,
U-08	independently plan and act for one’s own development and inspire and organize the development of others,
U-09	design syllabuses or training programs and deliver them using modern methods and tools

Skills	Can
K-01	critically evaluate the achievements of their discipline,
K-02	critically evaluate one’s own contributions to the discipline,
K-03	recognize the importance of knowledge and solve cognitive and practical problems,
K-04	fulfill the social obligations of researchers and creators,
K-05	initiate action in the public interest,
K-06	think and act in a resourceful manner,
K-07	Sustain and develop the ethos of the research and creative communities, including: conduct research in an independent manner, respect the principle of public ownership of research findings, taking into account the principles of intellectual property protection

The Commission for the verification of the learning outcomes, after ascertaining that a candidate possesses the competences described in item 5, passes a resolution that the candidate has achieved the learning outcomes for competences at level 8 of the PRK. This resolution is the basis for the Director of ILS PAS to issue a certificate to the candidate confirming the achievement of learning outcomes for competences at level 8 of the PRK.
A candidate who has not obtained the aforementioned credentials is entitled to retake the examination. The date of the retake examination cannot fall within a period shorter than five months from the time of the first examination.

IV. RULES FOR CALCULATING THE FEE FOR PROCEEDINGS ON THE CONFERMENT OF THE ACADEMIC DEGREE OF PHD

A candidate for a PhD degree pays a fee to ILS PAS for conducting the proceedings, subject to items 2 and 3.
The fee shall not be charged to a candidate for the doctoral degree who is an employee of the Institute.
In justified cases, the Director of the Institute may exempt a candidate for the doctoral degree, at his/her request, from the fee in whole or in part.
The amount of the fee is established by the Director of the Institute by way of an ordinance; however, it cannot exceed the costs of the proceedings, including in particular the remuneration of the supervisor or supervisors, assistant supervisor and reviewers.

IV. RULES FOR CALCULATING THE FEE FOR PROCEEDINGS ON THE CONFERMENT OF THE ACADEMIC DEGREE OF PHD

An applicant for a PhD degree shall submit an application to the Chairman of the Scientific Council of ILS PAS to initiate proceedings for the conferment of the degree, and indicate the field and discipline.
The application shall be supplemented with:

The dissertation with an abstract in English, and in case of a dissertation submitted in a foreign language, an abstract in Polish and a summary of academic accomplishments; if the dissertation is a collection of published and subject-related scholarly articles, a short description (10-15 pages) presenting the achievements of the applicant and their relation to the current state of knowledge, and if the applicant submits as a dissertation a multi-author publication or multi-author publications, he or she needs to attach statements of co-authors on the percentage of their contribution to the publication;
a positive written opinion of the supervisor(s) regarding the dissertation;
a CV;
a copy of a document confirming the Master’s degree, certified (by a notary public, an issuing institution or the secretariat of ILS PAS if submitted directly);
a list of scholarly publications, including the output referred to in Article 186(1)(3)(a) and (b) of the referenced Act of July 20, 2018;
the certificate referred to in Chapter III, item 6, or a certified copy of a diploma of graduation or other certificate proving the fulfillment of the requirement set forth in Article 186, paragraph 1, item 2 of the referenced Act of July 20, 2018;
A certified copy of a certificate or diploma evidencing proficiency in a modern foreign language at a proficiency level of at least B2
information on the course of proceedings for awarding the degree of PhD, if the candidate has previously applied for this degree in the field of legal sciences.

The dissertation is submitted in 5 copies, and the abstract and summary of academic accomplishments in 15 copies, in paper form with a copy saved on an electronic data carrier,
The Scientific Council of ILS PAS initiates proceedings for the conferment of the degree of PhD by way of a resolution adopted in secret ballot, by an absolute majority of votes, in the presence of at least half the members of the Council authorized to vote. The members of the Council holding the title of professor or the academic degree of doctor habilitatus, or powers equivalent to those conferred by the degree of doctor habilitatus in a given discipline, as well as the supervisor(s), shall take part in the vote.
If the applicant, in the copy of the document confirming the possession of the professional degree of Master, attached to the application for the initiation of proceedings for the conferment of the degree of PhD, does not prove the graduation of a full master’s degree in law, he/she is obliged to fulfil the condition of demonstrating knowledge in law, and in such a case, the Scientific Council, in the resolution on the initiation of proceedings, shall state the obligation of the applicant to take five supplementary examinations in the following branches of law: constitutional law, criminal law, civil law, administrative law, and procedural law from a choice of: civil law, criminal law, and administrative and court-administrative law. The applicant’s passing grades in all five of these examinations are a prerequisite for admission to further proceedings for the conferment of the academic degree of PhD. In the case referred to in paragraph 5:

Academic Council Chair:

gives consent to the topic of procedural law proposed by the applicant; however, in consultation with the supervisor, he/she may withhold consent and indicate another topic in this area, taking into account the topic of the applicant’s doctoral dissertation;
sets a deadline for the candidate to take the required examinations;

The Director of ILS PAS appoints examiners to conduct exams.

VI. APPOINTMENT OF THE COMMITTEE FOR THE PROCEDURE FOR THE CONFERMENT OF THE ACADEMIC DEGREE OF PHD (DOCTORAL COMMITTEE)

Following the resolution on the initiation of proceedings for the conferment of the academic degree of PhD, the Academic Board, upon the proposal of the Chair of the Academic Board, appoints a committee for the conduct of proceedings for the conferment of the academic degree of PhD, hereinafter referred to as the “doctoral committee”.
The doctoral committee consists of at least 9 members of the Scientific Council of ILS PAS, holding the title of professor or the academic degree of doctor habilitatus, or powers equivalent to those resulting from holding the degree of doctor habilitatus in a given discipline. The committee also includes: supervisor(s) and reviewers and, an assistant supervisor with no voting rights .
The doctoral committee shall be appointed by a resolution adopted in accordance with the procedure set forth in Chapter V, point 4. The resolution shall identify the chairperson, vice-chairperson, and secretary of the doctoral committee.

VII. APPOINTMENT OF REVIEWERS AND REVIEWS

Reviewers are appointed after the initiation of proceedings for the conferment of the academic degree of PhD, and in the case referred to in chapter V, item 5 after successful completion of additional examinations, by the Academic Council of ILS PAS by resolution, at the request of the Chairperson of the Academic Council, after consultation with the supervisor. The Scientific Council takes a resolution on appointing reviewers according to the procedure described in chapter V, item 4.
Reviews shall be submitted in paper form, with a copy on an electronic data carrier.
The review in the proceedings for the conferment of the academic degree of PhD shall contain conclusions about the dissertation. The review may contain conclusions on supplementing or improving the dissertation: in such a case the dissertation is submitted to the supervisor and to the person applying for the degree of PhD. After supplementing or improving the dissertation, it is sent for repeated evaluation by the same reviewers.
The Scientific Council may, on the reviewer’s motion which justifies the reason for his/her refusal to submit a review, adopt a resolution to appoint a new reviewer in place of the resigning reviewer.
The Academic Council may, at the request of the doctoral committee, not accept the review unless it contains clear and justified conclusions and oblige the reviewer to supplement it.
The review may include a motion to award the dissertation. Such a request should be justified by pointing out the values of the dissertation that constitute the justification for awarding it a distinction. The reviewer may also submit the motion for awarding the dissertation during the public defense of the dissertation.

VIII. PROCEEDINGS OF THE DOCTORAL COMMITTEE – DEFENSE OF THE DOCTORAL DISSERTATION

The members of the doctoral committee shall read the dissertation or the abstract and the summary of academic achievements, as well as the reviews, delivered at least 7 days before the date of the committee meeting.
The doctoral committee shall adopt a resolution on admitting the dissertation to defense by an absolute majority of votes in the presence of at least half of its members, including the chairperson or deputy chairperson.
In case of a failure to adopt a resolution on admitting the dissertation to defense, the matter is referred to a meeting of the Scientific Council of ILS PAS. The Scientific Council adopts a resolution on the matter in the form of a resolution.
The dissertation defense takes place during an open meeting of the doctoral committee, with the reviewers, the supervisor as members of the committee (with voting rights) and the assistant supervisor (without voting rights).
During the defense, the candidate presents the main ideas of the dissertation, and then the reviewers present̨ their reviews. In the absence of one of the reviewers, the chairperson of the doctoral committee shall order the reading of the reviews and then open a discussion in which all those present at the meeting may speak. The discussion shall end with the applicant’s response to the comments and questions of the participants in the defense.
Following the discussion, during the secret part of the meeting, the doctoral committee shall adopt a resolution on the adoption of the draft resolution of the Scientific Council on the conferment of the degree. The resolution shall be adopted in a secret ballot by an absolute majority of votes in the presence of at least half of the committee members, including the chairman or deputy chairman, the supervisor and at least two reviewers.

IX. AWARDING THE DOCTORAL DEGREE

The Scientific Council of ILS PAS adopts a resolution on awarding the doctoral degree after reviewing a draft resolution adopted by the doctoral committee and presented by its chairperson, deputy chairperson, or secretary.
The Scientific Council shall adopt a resolution on the conferment of the academic degree of PhD in a secret ballot by an absolute majority of votes in the presence of at least half the members of the Council entitled to vote. The members of the Council holding the title of professor or the academic degree of doctor habilitatus or powers equivalent to those conferred by the degree of doctor habilitatus in a given discipline, as well as the supervisor(s) and reviewers shall take part in the vote.
Failure to adopt a resolution to confer the academic degree of PhD shall be deemed a refusal to confer the degree. In this case, the Scientific Council shall entrust drafting the justification for the decision to the Chairperson of the Scientific Council or the Chairperson or Secretary of the Doctoral Committee. Immediately after the justification of the decision is drafted, the Chairperson of the Scientific Council shall forward it to all persons referred to in paragraph 2 for comments within a time limit that he or she shall specify for this purpose. The absence of comments shall be considered as acceptance of the justification by the Scientific Council, but if comments are made, they shall be considered at the next meeting of the Scientific Council.

Chairman of the Scientific Council of the Institute of
Legal Sciences, Polish Academy of Sciences: Prof. Dr hab. Andrzej Bierć