University autonomy and academic freedom - Meaning and legal basis

• Author: Camelia Florentina Stoica - Marieta Safta
• Position: Head of Law Department, Bucharest University of Economic Studies, Romania - Law Department, Bucharest University of Economic Studies, First assistant magistrate to the Constitutional Court of Romania
• Pages: 192-199

UNIVERSITY AUTONOMY AND ACADEMIC FREEDOM - MEANING AND LEGAL

BASIS

Professor Camelia Florentina STOICA

1, PhD.

Associate lecturer Marieta SAFTA2, Ph.D.

Abstract

The University autonomy and a cademic freedom are pr inciples that govern high er education in Romania, a nd

also lifelong learn ing. The importance of these principles for the proper functioning and development of higher

education is highlighted in the na tional and internationa l reference documents. Consequently, a correct definition a nd

circumstantia tion of them a re essential to give support and substance to this development. Considering th e importa nce

and necessity revealed, this study a ims to identify the meanings of mentioned principles by reference to the nationa l

legislation a nd the international developments.

Keywords: university autonomy, academic freedom, higher education

JEL Classification: K23

I. Introduction

The Romanian Constitution and the infraconstitutional legislation governing the

organization of education in Romania use the concept of "university autonomy". In the absence of

definitions at constitutional level, the significance of this concept has often been discussed, in

search of coordinates, landmarks and boundaries especially in relation to the state action and the

control that it has or may have on higher education.

This given that a number of international documents in the field emphasize the importance,

for the proper functioning of the institutions of higher education, of the university autonomy.

Therefore, the Bologna Declaration (1999), signed by the education ministers of 30

European countries, including Romania, mainly aims to create a European Higher Education Area,

with consideration and respect for university autonomy, expressly stating in this sense that "the

independence and autonomy of universities ensures the permanent adaptation of higher educa tion

and research systems to changing needs, society's demands and advances in scientific knowledge."

A series of subsequent releases and statements (Prague, May 19, 2001, Berlin - September

19, 2003, Bergen – 19to 20 May, 2005, London - May 19, 2007, Leuven - 28 to 29 April 2009,

Budapest-Vienna - March 21, 2010) repeat and reinforce the ideas and principles enshrined in the

Bologna Declaration, in achieving its objectives, highlighting the fact that academic freedom,

autonomy and accountability of higher education institutions are the principles of the European

Higher Education Area3.

Similarly, the European Commission and a number of European governments have

recognized the need for university autonomy. In this regard, the Commission Communication of

May 2006 on the Modernization Agenda for universities stipulates as priority the creation of a new

framework for universities, characterized by an increased autonomy and responsibility. The

university autonomy appears relevant not only for the realization of the European Higher Education

Area, but it is also a key factor in achieving the European Research Area, as stated the European

Commission in the Green Paper of April 2007 "The European Research Area: New P erspectives".

The Bologna process is consistent with the objectives of Education and training programs 2020 and

Europe 2020, which create a new strategic framework for European cooperation in education and

1 Camelia Florentina Stoica - Head of Law Department, Bucharest University of Economic Studies, Romania,

cameliastoica@cig.ase.ro

2 Marieta Safta - Law Department, Bucharest University of Economic Studies, First assistant magistrate to the Constitutional Court

of Romania, marietasafta@yahoo.com

3 http://europa.eu/legislation_summaries/education_training_youth/lifelong_learning/c11088_ro.htm