TheInterpretationoftheMagnaChartaUniversitatum anditsPrinciples

Joanna Kulesza1 MagnaChartaObservatory,August2004

the future of mankind depends largely on the cultural, scientific and technical development; and () is built up in centres of culture, knowledge and research as represented by true universities; Magna Charta Universitatum, Par. 1

Contents:

1. The Past - Introduction and history 2. The Present - Implementation of the MCU 2.1. 2.2. What is university autonomy? EU 2.2.1. 2.2.2 2.3. ERA - the goals and the achievements Other programmes

Poland the amended Higher Education Act and its coherency with the MCU norms

3. The Future

Joanna Kulesza, Ph. D., Chair for International Public Law and Political Relations, Faculty of Law and Administration, University of Lodz, Poland.

J. Kulesza, Interpretation of the Magna Charta Universitatum

Electronic copy available at: http://ssrn.com/abstract=1446794

1. The Past - introduction and history Each tradition appears as the heritage from the past to the present - it influences the future. If this statement is true, than the university is the traditions guardian. Developed in its full form in the mediaeval ages, reaching however the ancient idea, incorporated in Platos Academy or Aristotles Likeion, the university tradition has left its mark not only on the European, but on the international culture and science. In medieval Europe universities were self-governing enclaves that were outside civil law. Europe, than united under one set of religious values, was the perfect cradle for what came to be the era of universal humanism2. One could say that it was science, which also pulled Europe apart different views of educated individuals became the main reasons for nationalisms and wars. Now however, in Europe, united again (under a quite different set of values) it is the education and science that have been stated as the only potential way of providing Europe with the leading position in international power-struggle and human development, if not survival. The 21st century is bound to be the age of science, or there will be no 21st century at all. This signum tempori marked with the scientific progress is incorporated in the Magna Charta Universitatum from Bologna. Rejecting intolerance and always open to dialogue, a university is an ideal meeting-ground for teachers capable of imparting their knowledge and well equipped to develop it by research and innovation and for students entitled, able and willing to enrich their minds with that knowledge3. At the university the student-teacher relationship seems to be based on a very specific scheme. It may be in some way compared to the mediaeval relationship between the peon and his master, where the inclusion into the arcanas of the trade was brought upon gradually. Today the university teachers have a broad range of instruments, such as libraries, auditorium, laboratories in order to allow the to properly introduce the newcomers into their trade. The scientific progress is in a large part also the topic of a public debate, becoming subject to democratic decisions, not by a sovereign authority, but by a sovereign society. University is therefore an institution called upon to gather and give further the knowledge and to disseminate the scientific truth. There are three aspects tightly connected with this basic role of the university: didactic, educational and culture-making responsibilities.

2 3

Magna Charta of University, Fundamental principles, par. 4 MCU Fundamental principles, par. 3

J. Kulesza, Interpretation of the Magna Charta Universitatum

Electronic copy available at: http://ssrn.com/abstract=1446794

The universities themselves have realized the potential they hold and have decided to execute their rights giving them the position they deserve. They have put a lot of effort into defending their independence on the international arena. There have been very certain and concrete steps taken to ensure the way of further evolution of university autonomy. The European Community has enabled for the close cooperation of countries in the field of research cooperation. The main documents safeguarding the position of European science and research are: 1. The Sorbonne Declaration of 25th of May, 1998 which stressed the universities central role in developing European area of higher education. 2. The Joint Declaration of the European Ministers of Education on the European Higher Education Area, (Bologna, 19th June 1999) together with its Prague and Berlin Reports setting the year 2010 as the deadline for achieving a satisfactory level of integration in research and university education. The process, of which the Bologna declaration has been the culminating point, was started in the very same city over a decade earlier. It was the Magna Charta Universitatum, signed in Bologna on 18th September 1988, which was the mile-stone for the process, which later became known as the Bologna Strategy for European Research.

2. The Present - implementation of the MCU The process of implementing the rules of university autonomy, incorporated in the MCU, seems partially done on one hand, and idealistic and impossible to fully incorporate on the other. The process of democratisation of the universities initiated in Bologna in 1988 is circling further, engaging into its realisation such important organisation of public, political and social life as the European Council, the Council of Europe, EUA (European University Association), ESIB (The National Unions of Students in Europe), EURASHE (European Association of Institutions in Higher Education), ENQUA (European Network for Quality Assurance in Higher Education) and UNESCO/CEPES (since the Berlin conference). The rapidly developing process has reached its milestones within a short period of time after the commencement of its implementation: On 28 May 1998 the Sorbonne Declaration has been signed by France, Germany, Italy and UK. It took only over a year for the Bologna Charta to be signed by 29 countries on 19 June 1999 they have all become the signatories of the document. In 2001 (18-19 May) the Ministerial Conference in Prague welcomed the accession of three new states: Croatia, Cyprus and Turkey. At the next Ministerial Conference in Berlin (19-20 September 2003) seven new
J. Kulesza, Interpretation of the Magna Charta Universitatum

countries have arrived at the conclusions of the Charta (including Russia, Albania, Andorra, Bosnia and Herzegovina, Montenegro and the Vatican). Up till now 40 countries are signatories of the Charta. The goal of the Bologna declaration was the creation of the EHEA (European Higher Education Area) by the year 2010. The means with which this goal is to be reached, include: the care for the quality of the higher education in Europe; introduction of the two cycle studies; using a credit point system based on the ECTS (European Credit Transfer System); introduction of the easily comprehensive and comparable grading systems; promoting student and researcher mobility; promoting the European aspect of education. In the Charta the signatories have agreed to do everything in their powers to encourage each state, as well as supranational organisations concerned, to mould (their) policy sedulously on this Magna Charta, which expresses the universities unanimous desire freely determined and declared.

The goals were further developed in the Prague Report from 2001 EHEA was to include the possibility of the life-long education, the cooperation of the universities and the students with the government institutions in the realization of the bologna process. The main concern however was enhancing the competitiveness of the EHEA. In the Berlin Report the EHEA cooperation with the ERA (European Research Area) was initiated, as well as the idea to include the doctoral studies in the Bologna Process. The activities planned for 2005 in these areas include the acceleration of activities in this field. That means the enhanced care for the quality of the higher education field, introduction of the two level studies system and the recognition of diplomas and study periods with the introduction of the Diploma Supplement. The participants have also agreed on the monitoring of the progress in these areas by the participants themselves. The ways in which the goals of the Charta shall be reached consists of basic three points: enhancement of the government cooperation in the field of laws regulation higher education; enhancement of the cooperation between the higher education institutions of different countries; and a good cooperation of student organizations working in different countries. National authorities responsible for the implementation of the Charta are governmental representatives of each member-state responsible for the implementation of the Bologna
J. Kulesza, Interpretation of the Magna Charta Universitatum

Charta as well as support groups (e.g. in Poland it is the working group within the European Education Council in the Ministry of Education and Sport supporting the Bologna process (including ministerial representatives and representatives of the students parliament). The European Council, being involved in the process of realization of the Charta goals has also offered the support the actions of ENQUA, EUA and ESIB and the continuation of the Tuning Educational Structures in Europe Project. Promoting the quality certificate ECST (ECST Label) and the European Doctorate project. Supporting the monitoring process of the realization of the goals of the bologna process and the thematic seminars is also on the EC agenda. The integrated efforts of the above mentioned authorities and organizations are a perfect laying ground for the process which was started in Bologna 15 years ago and which has been the integral part of European culture since its very beginning. In this essay however the author would like to look at the practical aspect of implementation of the MCU in the domestic as well as on the European arena. In order to do so, there are two basic questions which need to be answered: - What is university autonomy? What do the provisions of the MC really mean? - How is the MC interpreted in practice?

What is university autonomy? The provisions of the Magna Charta stand for the basic principals of university autonomy. The question of the definition of university autonomy is not an easy one to answer it may be defined as the freedom of an institution to run its own affairs without direction or influence from any level of government4. Government influence may be based on legislative authority or executive situation related to financial power. Institutional autonomy is a necessary but not a sufficient condition for academic freedom, which is the right of academic staff to decide what to teach, to determine their own research questions and methods, and to publish the results of that research. In Germany there are two related concepts: (1) Freiheit der Wissenschaft, freedom of scientific research, and (2) Lernfreiheit, the right of students to attend any lectures, and the absence of class roll calls. Therefore there are two distinctly different kinds of academic freedom: 1. Individual academic freedom protects an individual professor.

D. Anderson, R. Johnson University autonomy in twenty countries, p. 8

J. Kulesza, Interpretation of the Magna Charta Universitatum

2. Institutional government5.

academic

freedom

protects

universities

from

interference

by

The idea of university autonomy seems to say closer to the second meaning. The modern university, for most of its 800 year history has owed allegiance to someone. Universities have always needed patrons and at various times the Church, dukes, merchants or philanthropists among others funded universities and have expected suitable behaviour in responseobedience, correct political and social doctrine, political policies or charitable support. But universities have with time began to recognize the power of their freedom and at times have actually challenged state authority (for example, providing haven to political refugees and even, in the Latin tradition, criminals). Over the last hundred years or so, and particularly since World War II, it has been the governments, which became the main patrons of universities and, in response, have expected them to be useful instruments for the advancement of national purposes. Universities have been finding it hard to find themselves in this new situation with the newly gained liberty. The price of the state support has of course been greater government interest in the internal affairs of universities. With time however, universities have successfully resisted attempts from government to run them the way that public school systems or the public service are conducted, with objectives and efficiency criteria specified by the state and staff employed by it, and started to speak loudly and clearly for their independence and will to self-regulate. Although the cause for some irritation, national particular requirement, concerning e.g. efficiency reports, have not been regarded as violating university autonomy in fundamental academic matters; namely, the right of institutions to appoint their own staff, and the right of staff to teach and to research according to the dictates of their own intelligences and academic disciplines, and the freedom to publish the results of their scholarly work without reference to any other authority. The Charta itself states the autonomy as the process of producing, examining, appraising and handing down culture by research and teaching6. This condense definition holds the very essence of what university autonomy is. The goal of the whole Bologna process is for the universities to be able to conduct their research guided only by the principle of scientific truth, disregarding all non-scientific reasons, such as loyalty to the patrons or political influence.

5 6

Ronald B. Standler Academic Freedom in the USA, 2000 MC Fundamenta Principle, par. 1

J. Kulesza, Interpretation of the Magna Charta Universitatum

2.2. EU

2.2.1. ERA - the goals and the achievements The idea of promoting university independence has been supported by many international organisations, in Europe however most of all probably by the EC. The creation of the ERA has been the first milestone laid on the path towards integration of European science and the enhancement of scientific mobility. Those means were taken on to support the branch of European development, which is the scientific research, as the only way to improve European competitiveness on the world-wide scale. At the Lisbon summit in March 2000, EU governments called for a better use of European research efforts through the creation of an internal market for science and technology - a 'European Research Area' (ERA). FP6 is the financial instrument to help make ERA reality. The budget for the Sixth FP will be 17.5 billion. This represents close to 4% of the EUs overall budget (2001), and 5.4% of all public (non-military) research spending in Europe. FP6 aims to contribute to the creation of a true European Research Area (ERA). ERA is a vision for the future of research in Europe, an internal market for science and technology. It fosters scientific excellence, competitiveness and innovation through the promotion of better co-operation and coordination between relevant actors at all levels. Economic growth increasingly depends on research, and many of the present and foreseeable challenges for industry and society can no longer be solved at national level alone. At their summit in Lisbon in March 2000, heads of state and governments called for better leveraging of European research efforts through the creation of ERA. The FP is the instrument that will help make the European Research Area a reality7. The overall integration of the ERA is an important factor in the realization of the autonomy values stated in the Magna Charta. The aspect of the constitutional freedom of movement and the mobility, which should allow the students and academics to promote exchange of scientific results, is clearly stated in the Charta. These are promoted by specialized actions of the EC MC Mobility Scheme (Marie Curie Actions - Human resources and mobility)8.

2.2.2 Other programmes

7 8

http://europa.eu.int/comm/research/fp6/pdf/faq_en.pdf http://www.cordis.lu/fp6/mobility.htm

J. Kulesza, Interpretation of the Magna Charta Universitatum

Another program supporting the thesis stated in the MCU is the most popular of all educational exchange schemes Socrates/Erasmus. Socrates is meant as THE European Community action programme in the field of education. It is based on Articles 149 and 150 of the EC Treaty. Article 149 provides that the Community shall contribute to the development of quality education by means of a range of actions to be carried out in close cooperation with the Member States. The Treaty also contains a commitment to promote lifelong learning for all the Union's citizens. The present phase of the programme covers the period 2000 - 2006, building on the successful aspects of the past programmes, improving and amalgamating previous Actions and introducing a number of innovations. The budget allocated for the programme is EUR 1,850 million over seven years9. The objectives of the SOCRATES programme are:

to strengthen the European dimension of education at all levels to improve the knowledge of European languages to promote cooperation and mobility throughout education to encourage innovation in education to promote equal opportunities in all sectors of education

The promotion of lifelong learning and the building up of a Europe of knowledge are key themes across the whole programme. The goals and achievements of the programme clearly show, that the values of promotion of education and mobility are also a part of the EC treaty, as such. All the above mentioned initiatives are just the implementation of the fundamental values of the Community. Other programmes supporting the MCU values of mobility and freedom of movement and academic exchange are: Leonardo da Vinci II (The aim of the Leonardo da Vinci vocational training action programme is to support innovative transnational co-operation projects in the field of vocational training)10. Youth (The YOUTH programme aims to involve young people aged between 15 and 25 in the process of European construction, and in so doing to help reinforce their sense of solidarity and encourage both their active participation in society and a spirit of initiative and

http://europa.eu.int/comm/education/programmes/socrates/faq_en.html http://europa.eu.int/comm/education/leonardo.html

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J. Kulesza, Interpretation of the Magna Charta Universitatum

enterprise. To this end, it provides opportunities for informal education, whether in the form of youth exchanges, voluntary service or youth initiatives. It offers young people a valuable international and/or intercultural learning experience which can enhance their awareness of Europe's cultural diversity and help break down prejudices11. Tempus III (2000-2006) is the programme aimed at providing support to the restructuring of higher education in non-associated countries in Central and Eastern Europe and in the former Soviet Union and Mongolia. Its key objectives are to promote the quality and support the development and renewal of higher education in the countries concerned (in particular university management, institution-building projects, networking projects, student mobility projects) and to encourage the growing interaction and balanced co-operation with EU partners, through joint activities and relevant mobility12. The Jean Monnet Project, "European Integration in University studies" European Commission information project, undertaken at the request of the universities, the aim of which is to facilitate the introduction of European integration studies in universities. Culture 2000 The aim of the "Culture 2000" programme (2000-2004) is to encourage creative activity and the knowledge and dissemination of the culture of the European peoples, notably in the field of music, literature, the performing arts, the fixed and movable heritage, and the new forms of cultural expression. This is achieved by fostering co-operation between cultural organisations and operators, and by supporting measures which, by their European scope and character, promote the spread of European cultures both inside and outside the Union. These include projects aiming at training and mobility for those engaged in the cultural professions13. Robert Schuman Action aims to encourage the launch of training initiatives of a practical nature in Community law for legal persons such as lawyers, magistrates or judges. Institutions such as universities, colleges or schools responsible for the training of such legal persons may be eligible for support14. Various national regulations also carefully look into fulfilling the principles of university autonomy and scientific mobility. Especially with the EU accessions many socalled new democracies introduce amendments of legislative acts in order for them to fulfil

11 12 13 14

http://europa.eu.int/comm/education/youth.html http://europa.eu.int/comm/education/tempus/home.html http://europa.eu.int/comm/culture/index_en.html http://europa.eu.int/comm/internal_market/en/update/schuman/index.htm

J. Kulesza, Interpretation of the Magna Charta Universitatum

the obligations taken on in the MCU and implemented by the EU. The regulation closest to the authors heart is the Polish regulation.

2.3. Poland the amended Higher Education Act and its coherency with the MCU norms The new Polish Higher Education Act has been amended in 2003 in order to suffice the European regulations concerning university autonomy, freedom of academic staff, mobility and scientific degrees, amongst others the Magna Charta. At the very beginning, in article 3 the Act states the basic duties of the higher education facilities in Poland, which are: - the education of students within a certain branch of knowledge and preparing them for the practice of certain professions; - leading scientific research and performing creative artistic work; - preparing the candidates for leading scientific research and performing creative artistic work; - education aimed at raising the level of general and specific knowledge of persons already disposing over professional titles and performing practical professions; - development and dissemination of national culture and technical progress as well as cooperation aimed at disseminating the knowledge within the society. Other tasks of the universities are also: - the patriotic and humanitarian education of the students within the democratic tradition; - strengthening the tradition of truth and honest labour as well as the atmosphere of common courtesy. These values, as quoted above, are not only the universal human ones, but mainly the ones stated clearly in the MCU. The Polish Higher Education Act is a good example of introduction of these values into the national legal system. The most important however for the point of this thesis is the third part of the act. Is regulates the organisation of Polish universities. The university-autonomy is scheduled as a relatively broad one. It names the Senate (senat) and the Department Councils (rady wydzialow) as the collegial organs of the University, and the rector (rektor) and deans (dziekani) as the persons in charge of the University. The senate consists strictly of the University staff, of the highest level (rector, vice-rectors and deans, possibly chosen representatives of the academic staff, students body and administrative workers of the University). The representatives are elected in accordance with the University statute. The
J. Kulesza, Interpretation of the Magna Charta Universitatum

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broad competences of the senate cover amongst others15 the main directions of the University development, creation of the study courses, the financial plan of the Institution, assessing the rectors yearly reports. The Senate is therefore the highest authority at Polish universities. In the professional hierarchy it is the rector who is the supervisor of all university employees. The universitys statute is crated by the Electors Collegium (Kolegium Elektorw). All the above mentioned authorities are called upon in free elections. These organs are however cadential (three years), guaranteeing the constant evolution and progress of the University. The HEA also introduces the new article 15016, which states that all universities diplomas are equal national as well as ones achieved abroad (based on international, bilateral agreements) as of Polands accession to the EU. The act also guarantees the open form of the lectures conducted at the universities17. The freedom of funding students organisations is also granted in the second Chapter of the Act18. All of the above mentioned paragraphs guarantee for the execution of the provisions included in the MCU. The University is, however, not independent from national, governmental administration. The decisions concerning the organisation of the University (creation of new faculties etc.) must be acknowledged by the Minister responsible for the sector of Higher Education19. The university archive is a part of the national archive collection20. The supervision over the employment of professors as well as over the awarding of the professorial degree (profesor zwyczajny) is also left up to the Ministry21. The governmental, national supervision over the universities has a very formal, professional character22. The two bodies are Pastwowa Komisja Akredytacyjna (National Acreditation Comitee) and Rada Gwna Szkolnictwa Wyszego (Higher Education General Council). It is these institutions which are responsible for allowing the universities to perform their activities, however the supervision of their activities is of a more formal character they supervise the possibilities of

15

art. 48 Polish Higher Education Act (PHEA) from 12 September 1990 (DU 385/65/1990)

17 18 19 20 21 22

Art. 4 of the PHEA Chapter II of the PHEA art. 64.2, 64.7, 64.8 of the PHEA art. 68 of the PHEA art. 81, 86 of the PHEA Part II Charter I and II PHEA

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the Universities to fulfil the financial obligations and control the quality of education. They do not decide on the internal construction of the institutions. As visible in the examples shown above the university autonomy is a living part of the every-day educational work performed in many European states, the example for which was the Polish Higher Education Act. Similar regulations may also be found in for example the German (Hoschschulenrahmengesetz23) system.

3. The Future. One might ask where this process is leading Europe or the whole world, the future of mankind. Judging by the present results the science is the future of mankind and with the sudden progress of scientific research opening new frontiers of human possibilities quicker than ever before, it is easy to see that the Universities will be the engine for the future of research and progress, as they are the cradle of science. Therefore it is most important to provide for them the right conditions to work and educate. The conditio sine qua non is the freedom of research and mobility for academic staff, the right of self-government for the university authorities. The future that is even more probable would be a certain space in the international arena for the scientific force itself the higher education facilities might be encouraged to work together, exchange ideas and experiences. Not only within the European Research Area, but even beyond continents. The other possible scenario is one a little less utopian. We must not forget that the research cannot exist without its industrial implementation. That leads straight to the commercial and industrial competition. The utopian idea of paneuropean or global free university exchange and joint research is harshly disturbed by the hard realities of every-day economy. Facing this aspect of the freedom of universities and the obligation for research to be implemented might be the biggest obstacle on the way of Europe or the world united under the waiving flag of education and research.

23

HOCHSCHULRAHMENGESETZ (HRG) in the version of the official statement from 19 January 1999

(BGBl. I S. 18), last amended by the Article 1 of the law from 8. August 2002 (BGBl. I S. 3138)

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