CAPÍTULO 1 ICYD 2023

organisational autonomy, as it describes in further details elements previously left up to the universities, or leaving it to Autonomous Community governments. Key take-aways for universities and public authorities Based on the observed trends and a broader analysis of developments in the sector as a whole, the 2023 Autonomy Scorecard allows to paint a complex picture of the direct and indirect pressures experienced by universities over the past five years. The analysis has shown that the extent of autonomy is not only determined by the legal framework, but also by a variety of accountability arrangements, steering tools, funding models, and, increasingly, informal interventions by public authorities.

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No (internal matter): BE-fr, DK, ES, NL, UK-en, UK-sc Yes (min./max./range stated in law): DE-nrw, EE, FI, LV, RO, SE Yes (term of office stated in law): AT, BE-fl, CH, CY, CZ, DE-bb, DE- he, FR, GE, GR, HR, IE, IS, IT, LT, LU, NO, PL, PT, RS, SI, SK, TR

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Figure 2. Is the rector’s term of office fixed in the law?

Key parameters to keep in mind when analysing university governance and autonomy in the period 2017-2023 include:

• An increasingly tense geopolitical context, which has led to greater scrutiny of universities and their international partnerships, from the perspective of knowledge security. • A growing tendency of steering through the funding model, of which performance contracts are an illustration. While these instruments allow, in theory, for more individualisation, and thus tailored approaches, the practice reflects an excessive degree of micro-management. • Numerous cases of ad hoc interventions by the state outside of its traditional regulatory role. • COVID-19 and its negative impact on institutional autonomy. In many cases where lockdowns were enforced, public authorities took direct action such as limiting or stopping on-campus teaching and research activities, leaving university leadership to implement state decisions. • Multiple pressures to enhance efficiency at universities, which is made more difficult by excessively restricting regulatory frameworks, which undermine strategic planning. It also hampers capacity to tackle structural issues and pool resources. • A changing notion of accountability, which is becoming increasingly complex, and sometimes questions concrete institutional autonomy. The growing complexity of political and societal debates about university autonomy makes it all the more necessary to consider the issue from the widest possible lens. Finally, it goes without saying that autonomy neither constitutes a goal in itself nor may thrive in a vacuum. To reap the benefits of greater autonomy, universities must be supported to develop the right sets of skills, whether strategic, transversal or technical, to best exploit autonomy. Autonomous universities require strong leadership. Sustainable funding, flexible governance and sufficient autonomy help unlock efficiency in university operations and support them in delivering impact.

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Universities can appoint external members: FI, IT, LT, PL, PT, UK-en, UK-sc Universities cannot appoint external members themselves but make proposal: CZ, NO, SE Universities can appoint part of the external members: AT, BE-fr, CY, DE-he, FR, HR, IS, SI, SK Universites do not control the external members appointment process: CH, EE, ES, LV, NL, RS Other appointment process: BE-fi, DE-nrw, DK, IE, LU Universities cannot include external members: DE-bb, GE, GR, RO, TR

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Figure 3. Can universities decide on the appointment of external members in the governing bodies?

Structures

The capacity to create independent legal entities carries strategic importance, as it enables universities to transfer knowledge as well as engage in entrepreneurial activities and international collaborations. About two thirds of systems allow universities to create for-profit legal entities. Elsewhere, universities may only be able to establish not-for- profit entities, or face restrictions in relation to the scope of activities considered, the need to obtain ministry approval, or the procedure to be followed. When compared to their European counterparts, Spanish universities had ‘medium-low’ autonomy with regard to organisational matters until 2023. With a score of 55%, the country featured in the last third of the ranking table for this dimension. The new law, while making various changes to university governance, does not contribute to enhancing

Universities are essentially free to determine their internal academic structures in around two thirds of the systems considered. In other cases, certain legal provisions concerning organisational units may exist, or the law may state that universities must have faculties, departments, schools, or research institutes, and describe governance arrangements. In a few countries, academic units are listed by name in the law, preventing universities to establish new faculties and departments or restructure existing ones without amending the law. In Spain, the 2023 law specifies that the authorisation of the Autonomous Community government is necessary to set up, modify or remove a faculty or school at a university.

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