Eligible Violation of Law as the Basis for Recalling a University Rector

Abstract

Rector is a monocratic body of a University, which is in certain circumstances attributed the status of an administrative authority. The Rector’s power is manifested in the formation of an individual legal situation of the users of the University, being a kind of an administrative institution, in one of the basic forms of the public administration activities, i.e. administrative decisions. In addition, the Rector exercises prerogatives related to the management of the University as an organized institution and its representation in the relations with the environment. However, all the Rector’s decisions are subjected to control. Issuance of administrative decisions by the Rector is verified in the administrative instance procedure and by judicial control, while the remaining scope of his authorities is subjected to personal supervision. Gross violation of law is the only qualified basis for the supervision interference towards the Rector, which causes application of monitoring tools. Such act of supervision is applied in the form of an administrative decision. The supervisory decision on the Rector’s recall due to the gross violation of law is subjected to a complaint submitted to an administrative court.