Academic Freedom Under Pressure?: A Comparative Perspective

✍ Scribed by Margrit Seckelmann (editor), Lorenza Violini (editor), Cristina Fraenkel-Haeberle (editor), Giada Ragone (editor)

• Publisher: Springer
• Year: 2021
• Tongue: English
• Leaves: 259
• Edition: 1st ed. 2021
• Category: Library

✦ Synopsis

Is academic freedom threatened? The book examines current challenges to academic freedom in Europe, focusing mainly on Italy and Germany.

The cases discussed demonstrate that research and teaching are under pressure in European democracies: in Hungary and Poland due to political constraints, in other countries due to societal expectations. Considering different interrelated aspects, the four parts of the book explore many real and potential threats to universities, scientific institutions and researchers, ranging from the European dimension of freedom of the arts and sciences to comparative analysis of emerging challenges to academic freedom against the backdrop of the COVID-19 pandemic. They highlight threats to university autonomy from the economic orientation of university governance, which emphasizes efficiency, competition, and external evaluation, and from new rules concerning trigger warnings, speech restrictions, and ethics commissions.

Detailed study of these complex threats is intended to stimulate scholarly reflection and elicit serious discussion at European and national level. The volume contributes to the search for a new role of universities and scientific institutions and is addressed to academics and political stakeholders.

✦ Table of Contents

Preface
Contents
Editors and Contributors
Abbreviations
Introduction: The Multiple Expressions of Academic Freedom
1 Premise
2 Academic Freedom in Europe
3 New Challenges
4 Threats to Freedom of Teaching and Research in Light of Governance by Numbers´´ 5 The New Role of Universities and Freedom of Science and Teaching 6 Conclusions Part I: Academic Freedom in Europe Science and the European Dimension of Freedom of the Arts and Science 1 Freedom 2 Subjects 3 The Object 4 Limits 5 The European Dimensions and Counter-Limits of Academic Freedom. European States Cannot Limit Academic Freedom References Freedom of Research and Academic Teaching in the European Union 1 Introduction: Academic Freedom Under Fire 2 Freedom of Research and Academic Teaching in European Union Law 3 Mechanisms to Protect Freedom of Research and Teaching in European Union Law 4 The Case of the Central European University 5 The Judgement of the Grand Chamber 6 Conclusion References Freedom of Scientific Research in the European Research Area: Weaknesses and Strengths 1 Engagement of the European Union in the Race for Research Funding 2 A Quick Comparison of Research Funding in Italy and Germany 3 Weaknesses and Strengths of New Research Programmes Looking to the Future 4 Concluding Remarks References Academic Freedom and Cross-Border Cooperation: Conceptual Reflections and a Contextual Analysis in Relation to the South Tyrol... 1 The Link Between Seemingly Simple Concepts 2 Borderlands and Border Studies as `Between Areas´ 3 The Evolution of Cross-Border Cooperation and Higher Education in South Tyrol 4 Recent Developments in the Euregio and Regarding HEIs in South Tyrol 5 Final Remarks References Part II: New Challenges The State of Academic Freedom in Hungary: The Saga of the Central European University and the Research Network of the Hungaria... 1 Introduction 2 Academic Freedom and the Context of Multi-Level Protection 2.1 Protection of Academic Freedom in the Hungarian Fundamental Law 2.2 Academic Freedom, the Charter of Fundamental Rights and the European Convention on Human Rights 3 Legislative Shifts in the Hungarian Academic Landscape 3.1 CEU´s Long Road Out of Hungary 3.2 Severing the Academy´s Research Network 4 The Academic and Political Context Surrounding Legislative Upheaval in Hungarian Academic Life 4.1 Academic Aspects 4.1.1 Prevention of Fraudulent Diplomas 4.1.2 Efficiency of the Academy´s Research Performance 4.2 Political Aspects 4.2.1 Stop Soros: I Stand with CEU 4.2.2 Gender Studies and More Than Academy 5Lex CEU´´ and the Academy´s Research Network in the Context of Multi-Level Judicial Governance
5.1 Lex CEU´´ 5.1.1 Application for Annulment of CertainLex CEU´´ Provisions Before the Hungarian Constitutional Court
5.1.2 Preliminary Opinion Rendered by the Venice Commission on the Amendment of the Act on Higher Education
5.1.3 Infringement Proceedings Before the Court of Justice of the European Union
5.2 Reorganisation of the Academy´s Research Network
6 Considerations and Conclusions
References
The COVID-19 Pandemic as a Challenge for Academia and Academic Freedom: An Italian Perspective
1 Introduction. The Spread of SARS-CoV-2
2 The Impact on Academic Freedom
2.1 Pros and Cons of COVID-Driven Scientific Debate
2.2 Effects of Lockdown Measures on the Achievement of Research Objectives
2.3 New Challenges in Teaching: The Digital Divide and Other Issues
3 Conclusions
References
Academic Freedom and the Use of Native Languages (the Italian English-Only´´ Saga and Its Downsides) 1 Introductory Remarks 2 The Case-Study 3 Use of the Native Language as a Component of Academic Freedom, Both on the Part of Lecturers and Students: Some Additional R... 4 The General Framework of Reference: No Room for Too Much Optimism! 5 Detrimental and Non-Proportional Restriction of Academic Freedom? Concluding Remarks References Part III: Threats to Freedom of Teaching and Research in the Light of aGovernance by Numbers´´
Academic Freedom, University Autonomy (Work in Progress) and Striving Towards Accountability: An Italian Perspective
1 Introductory Remarks: The Interplay Between Academic Freedom, Autonomy and Accountability and Their Misinterpretations
2 The Constitutional Framework
2.1 A Critical Overview on the Idea of Autonomy´´ Under Article 33(6) 3 Italian Legislation and University Governance from the Constitution to the Nineties: AnAutonomous´´ Design by the Central...
4 From the Riforma Ruberti of 1989 to the Gelmini Law of 2010
5 Conclusions: Autonomy Under Control of the Central Government´´, Academic Freedom and New Threats References Evaluation, Projectification, Governance by Numbers and Their Impact on Academic Research: The German Perspective 1 Introductory Remarks 2 New Public Management and Academic Freedom: A Tense Relationship (at Least in Germany) 2.1 Freedom from the State and by the State 2.2 Organisation Matters 2.3 Instruments from the Toolbox of the New Steering Model and their Results 2.3.1 Turning the University Into an Organisational Actor: OrganisationalAutonomy´´ and the Autonomy of Science
2.3.2 Steering at a Distance and Governance by Numbers
2.3.3 The Projectification´´ of Research, Evaluation and the German Excellence Initiative 2.3.4 The Results: Salami-Slicing, Citation Cartels and Hybridisation 3 Conclusion: No Real Danger to Academic Freedom, But a Slippery Slope References University Autonomy: Just One Step on the Long Road Ahead 1 Changes in Higher Education Systems in Europe: The Role of the State and Universities 2 The 2010 Reform and the Creation of ANVUR 2.1 The Legitimacy Conditions of ANVUR: Technical Competence and Independence 2.2 The Procedural Guarantees in Proceedings Administered by ANVUR 3 Changes in University Autonomy References Automated Decisions, Research Quality Assessment and Step-Based Salary System: Potential Dangers for Academic Freedom in Italy 1 Recent Challenges to Academic Freedom in Italy 2 The Introduction of Research Quality Assessment Exercises (VQR) in Italy 3 National Scientific Habilitation (ASN) and Automated Decisions Based on Fixed Thresholds 4 Salary Levels for Academic Staff Based on Qualitative-Quantitative Evaluation References Part IV: The New Role of Universities and the Freedom of Science and Teaching Private Higher Education and Academic Freedom 1 Introduction 2 Challenges for Academic Freedom in Private Universities 3 Applicability of the Guarantee of Academic Freedom 3.1 Institutional Academic Freedom of Private Universities 3.2 Individual Academic Freedom of Professors 3.3 Collective Academic Freedom of Teaching Staff and Corporate Academic Freedom of Faculties and Departments 4 Infringement of Academic Freedom and Its Possible Justifications 5 Safeguards for Academic Freedom 6 Conclusion References Open Access Publication and Academic Freedom in the Field of the Social Sciences and Humanities from a Constitutional Law Pers... 1 Introduction: Definition of Open Access and Legal Background 1.1 Preliminary Definitions and Legal Background of OA 1.2 Legal Framework of OA: A Brief Overview 2 Open Access and Academic Freedom in the SSH in Italy: Public Funding as Incentive 3 Assessment of the Italian Experience 4 Conclusions References The Third Mission of Universities: Technology Transfer and its Impact on Academic Freedom 1 Introduction: The Rationale of the Third Mission 2 The Range of Third-Mission Activities 2.1 The Third Mission at the University of Milan La Statale 2.2 Third Mission of Higher Education in Germany 3 Knowledge and Technology Transfer as the Predominant Form of Expression of the Third Mission 4 What Are the Threats to Academic Freedom? 4.1 Different Goals 4.2 Need for Appropriate Scientific Monitoring 4.3 The Time Dimension of Research Projects and Uncertain Results 4.4 Recognition of Intellectual Property Rights 4.5 Agreement on the Results Obtained by a Research Partnership (So-calledForeground´´)
4.6 Heterogeneity and Variety of Forms of Cooperation: Need for Coordination
5 The Necessity of Enabling Legislation on Research-Friendly Cooperation Models
6 Conclusions
References
Do Ethics Commissions Promote or Endanger Academic Freedom?
1 The Emergence of Ethics Commissions and the Implications of Constitutional Law
2 The Great Variety of Responsibilities and Powers of Ethics Commissions
2.1 Varying Composition and Institutional Setting
2.2 Involvement in Various (Administrative) Tasks and Decisions
2.3 Differences as per the Binding Effect of Commission Decisions
2.4 The Relevant Standard: Legal or Ethical Criteria?
3 Compatibility of Ethics Commissions and Academic Freedom
3.1 Varying Intensity of Encroachments on Academic Freedom
3.2 Potential Justification of Encroachments by Conflicting Constitutional Guarantees
3.3 The Central Problem of Achieving a Proportional Balance of Constitutional Interests
3.4 Consequences for the Interpretation and Application of the Relevant Laws
4 Possible Benefits for Academic Freedom of Involving Ethics Commissions
4.1 Improving Legal Certainty for the Researchers Involved
4.2 Possibility of Easing Researchers´ Responsibility?
4.3 Reduced Judicial Scrutiny as Both a Threat to and Protection of Academic Freedom
5 Conclusion
References
Ethical Codes and Speech Restrictions: New Scenarios and Constitutional Challenges to Freedom of Teaching at University-The It...
1 Introduction: The Massification of University and the Rise of the Ethic of Care
2 Fair-Language Guidelines and Ethical Codes at University. Are Speech Restrictions and Teacher Censorship Going to Be an Issu...
3 Freedom of Teaching at University Under Article 33: A ``Boundless´´ Liberty?
3.1 Italian Case Law on Freedom of Teaching at Universities
4 Conclusion
References
Trigger Warnings and Academic Freedom: A Pedagogic Perspective
1 Introduction
2 Academic Freedom Among Trigger Warnings, Microaggressions, Speech Codes and Safe Spaces
3 Academic Freedom and Democracy
4 Academic Freedom and Free Speech
5 University Aims and Academic Freedom
6 Conclusion
References
Autonomy and Interdependence: The Relationship of Experts and Laypeople in Science from a Sociological Perspective
1 Science and Lay Knowledge in Modern Society
2 Science as a Social System
3 Interdependence of Science and Society: The Case of Lay Knowledge
4 Experts and Laypeople in Science: The Example of Healthcare
4.1 Lay Knowledge as Irritation of Science
4.2 The Role of Experts: Construction of Scientific Knowledge
5 Science: Between Autonomy and Interdependence
References