THE CONSTITUTIONAL PERSPECTIVE ON THE PROCEDURE OF WITHDRAWAL, RESPECTIVELY OF RENUNCIATION OF THE TITLE OF DOCTOR.

The purpose of this article is to address the issues arising from the regulation of the procedure for withdrawing the doctoral degree, respectively the one on establishing the right to voluntarily renounce this quality, in the context of the provisions found in the National Education Law no. 1/2011. The first part of this study begins with the treatment of the particular hypothesis of the withdrawal of the doctoral degree following the verifications performed by CNATDCU and the proposal made in this regard to the Ministry of Education. As we will see, the way in which such a procedure was regulated raises numerous questions regarding its constitutionality in relation to those retained in the Constitutional Court Decision no. 624/2016. Following analysis of the legal provisions in force, we will identify the hypotheses that may arise in practice, formulating some proposals de lege ferenda to ensure, on the one hand, compliance with those retained by the Court in the aforementioned decision, and, on the other hand, to establish a certain coherence and predictability regarding the mechanism for withdrawing the doctoral degree. The second part concerns a thorough look at the hypothesis of voluntary renunciation of the title of doctor, as a result of which we bring to attention, among other things, the creation of a working variant that supports the fairness of such a mechanism conceived by the Romanian legislator, but which, above all, supports the constitutionality of the future regulation, taking into account also the considerations illustrated by the Court in the same decision. [ABSTRACT FROM AUTHOR]