Using comparative data from 28 states within the European Union, this paper is a comprehensive assessment of the protection for, and (by extension) the health of, academic freedom in the universities of the nations of the European Union. The paper, extending previous work in this area, adopts a ‘bottom-up’ approach utilising 37 specific parameters that relate to international treaties, and national, constitutional, and legislative protection for academic freedom, along with legal regulations concerning institutional governance, the appointment of the Rector, and the existence of academic tenure, in order to create a composite picture of the health of academic freedom in the universities within the European Union nations

Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.

Law), LL.M (Dalhousie), DCL (McGill). This paper is an extract from my doctoral dissertation. I am grateful to the Centre for the opportunity to polish it for publication.

No abstract

No abstract