Análisis de la potestad reglamentaria sobre aseguramiento de la calidad académica y su congruencia con la política pública de la educación superior

Abstract

In the last five years, the regulatory authority in matters of academic quality assurance is numerous, among others, Decree 2450 of 2015, 892 of 2017, 1280 of 2018, 2389 of 2018, and Resolutions 2041 of 2016 and 18583 of 2016, are the latest regulations in the sector, and through them the processes of qualified registration and institutional accreditation and programs of recent years have been systematically oriented. However, in practice, the regulatory authority in matters of academic quality assurance has generated strong rejection by stakeholders, especially Higher Education Institutions, which with strong legal and political criticisms seek clarity on the rules of the game with which the processes of self-evaluation, and elaboration and / or updating of master documents must be addressed at present and in the following years.

This article presents the issue about the administrative authority to the processes of academic quality assurance and taking into account the current dynamics, it is analyzed that this prerogative respects the principle of university autonomy, which violates the principle of legal security, and that addly, has not the normative effectiveness required for any general administrative act of a regulatory nature. Likewise, it makes a criticism about the need to correct these legal mistakes so that the fulfillment of the commitments acquired for higher education in the Acuerdo por lo superior 2034 and the National Ten-Year Education Plan 2016-2026 is efficiently assumed.