Brief Critical Considerations with regard to Regulations of Doctoral Studies

• Author: Paul Baltateanu - Adrian Bancila
• Position: PhD student, Academy of Economic Studies in Bucharest, Romania - PhD student, Academy of Police ?Alexandru Ioan Cuza', Bucharest, Romania
• Pages: 119-136

Pa

Abstract

: In February 2011,

i.e. Law No. 1/2011. The ne

rights and duties of teachers

in order to accede to a teach

Degree. The old legal prov

provisions governing the do

topics to be found herein,

doc

toral supervisors, the dur

Council for Degrees, Univers

out the fact that, despite thei

taken lightly, as they are pron

Keywords

: Law No. 1/2011;

1.

Introductory Remar

The emergence of

The

Romanian education sy

1

Opinions expressed in the p

higher

education institutions

2

PhD student, Academy of

sector 1; Phone +

paulbaltateanu@yahoo.com.

3

PhD student, Academy of P

A, sector 1; Phone +4021317

4

Issued in

The Romanian Of

Brief Critical Considerations with re

Regulations of Doctoral Studies

Paul BLEANU

2

, Adrian BNCIL

3

11, the first law adopted in Romania has been The National Ed

new legal provisions address all major aspects of education,

rs at any levels. One of th e most important decisions in the ne

aching position in the academic system, one is required to ho

rovisions did

not make this condition mandatory. For this

doctorate are highly momentous and presented in this study

n, the readers will recognize: the duties and rights of doct

duration of d octoral studies, the d egree awarded, the duties of

ersity Titles and Credentials (CNATDCU), etc. We would also

heir novelty, these regulatio

ns are not without any fault and

rone to a multitude of interpretations and criticism.

11; doctorate; PhD doctoral student; doctoral supervisor

arks

he Na

tional Education Law No.1/2011

4

has constitu

system, an authentic revolution claiming a re

-

visita

e present study do not constitute the official viewpoint of abo

ns and do not, under any circumstance, render them liable in th

of Economic Studies in Bucharest, Romania., Tache Ionescu

+40213191900; Fax +40213181999) Correspondin

m.

f Police „Alexandru Ioan Cuza”, Bucharest, Romania, Privigh

175523; Fax +40213175517. E

-

mail: adrianbancila@gmail.co

Official Gazette

, Part I, No.18 of 10 January 2011.

AUDJ, vol. 8, no. 2

JURIDICA

119



regard to

ies

1

Education Law,

n,

including the

new law is that,

hold a Doctor’s

is reason, legal

dy. Among the

octoral students,

of th e National

also like to point

d should not be

tituted, to

the

sitation of the

bove

-mentioned

this respect.

cu Street no. 11,

ding aut

hor:

ighetorilor

no. 1

.com.

. 2, pp. 119

-136

ACTA UNIVERSITATIS DANUBIUS Vol. 8, no. 2/2012

120

entire ensuing legal scaffolding; at the same time, it has entailed significant

changes in all areas of education, including the area of academic doctoral studies.

The doctoral degree, i.e. the last academic cycle, the highest theoretical and

practical training in a certain field of knowledge, has, therefore, been no exception

in the great transformation in our education system, and has, nonetheless, given

raise to created interesting and contentious discussions due to the re-visiting of the

teaching career and its role.

More specifically, it addresses the concept of granting access to quality education

and to the teaching profession, as introduced by Law No.1/2011; priorily,

Education Law No.84/1995

1

, Law No.128/1997

2

on the Organisation of University

Studies No.288/2004

3

constituted the regulatory framework of the educational

system. The above legal acts stipulated that Romanian higher education take place

pending three educational cycles, i.e. Bachelor’s Degrees, Master’s Degrees and

Doctoral Studies. On the other hand, in order to accede to a teaching position or for

promotion up until higher education middle level, members of academic teaching

staff were, under no obligation to complete “Advanced”, i.e. Master’s and Doctoral

Studies

4

. For aspiring candidates to the teaching profession to hold a position as a

tutor [the lowest academic teaching rank, currently abolished under Paragraph 285

(1) of Law No.1/2011

5

], other than passing the Bachelor’s examination held by any

university and later, in the course of their teaching career, undergo at least one

psycho-pedagogical preparation, was not necessary. In this context, access to the

teaching profession was extremely simple, albeit, also marked by fierce

competition on account of the huge number of graduates from public and private

universities.

1

Re-issued in The Romanian Official Gazette, Part I, No. 1 of 5 January 1996, with subsequent

amendments and additions, currently abolished.

2

Issued in The Romanian Official Gazette, Part I, No.158 of 16 July 1997, with subsequent

amendments and additions, currently abolished.

3

Issued in The Romanian Official Gazette, Part I, No.614 of 7 July 2004, with subsequent

amendments and additions.

4

Thus, in theory, it was possible that a lecturer ply his/her profession even as a mere a PhD student.

There are cases in which teachi ng staff have held a lecturer’s position for even more than 5 years

while being PhD students. In point of fact, when Law No.128/1997 was in force, countless legal

exemptions or term extensions were granted to benefit higher education teaching staff not holding a

PhD Degree.

5

In higher education institutions, teaching positions are, as follows: a) Assistent Lecturer; b)

Lecturer/Dissertation Supervisor; c) Reader; d) Professor.