The Scope of Academic Freedom Right and the Situation of Scientists in Poland

Stachowiak-Kudła, Monika

doi:10.1007/s10780-021-09450-4

Cited by 3 publications

(2 citation statements)

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“…24–41; for the historical aspects of higher education in Europe see for example: Rüegg 1993 , 1996 , 2004 , 2010 ; in Germany see for example: Boockmann 1999 , in Hungary see: Ladányi 1999 ; Bazsa 2014 , pp. 47–65; Kováts et al 2014, in Poland see: Stachowiak-Kudła 2022 , pp. 99–111, in Portugal see: Amaral and Carvalho 2003 , pp.…”

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Academic Freedom as a Defensive Right

et al. 2023

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Ensuring the proper implementation of academic freedom can be difficult both for policymakers and university authorities. Hence, great emphasis should be given to the defensive function of academic freedom. In this paper, we analyse the legal regulations and the jurisprudence of the constitutional courts of Germany, Hungary, Poland, Portugal, and Spain. We identify who is the holder of academic freedom, how the defensive function of academic freedom works and what academic activities are being protected. The study shows that individual countries emphasise slightly different aspects of the defensive function of academic freedom but remain unanimous on the essence of this function. As academic freedom is not defined unequivocally in most constitutions and legal frameworks, constitutional courts play a significant role in shaping its defensive function.

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Academic Freedom as a Defensive Right

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“…The university's right to institutional autonomy and academic freedom is the line of defense in disputes between scientists dismissed from work due to scientific views and public authorities, particularly in countries with heightened levels of polarization and political conflict (Ginsburg, 2022). A significant proportion of cases from constitutional courts invoking these rights is classified as “hard cases,” in which the court sought a solution to the resolved dispute in other legal systems or cited decisions of constitutional courts of other countries (Stachowiak‐Kudła, 2020). Legal disputes involving academic freedom have overwhelmingly favored institutions over individual academics (Park, 2021).…”

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Impact of mergers on conflicts at universities—Conclusions from courts decisions

Stachowiak‐Kudła,

Westa,

Meix‐Cereceda

et al. 2024

Conflict Resolution Qtrly

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Despite the growing popularity of mergers in higher education, limited research examines their impact on conflicts within the affected universities and their surroundings. The article discusses the issue of university mergers in Belgium, Germany, and Spain, which were so severe that they required resolution by a constitutional court. The methods include an analysis of constitutional courts' judgments, supported by the analysis of literature and legal acts concerning higher education. The results indicate that both forced and voluntary mergers lead to fierce conflicts resolved by constitutional courts. Conflicts may arise not only in universities to be merged or already merged but also within the institutional environment of the university. In addition to the unified universities themselves, participants in such conflicts may also include competing universities, professional associations, student unions, and governmental bodies. In court disputes regarding the merging of universities, a violation of the university's right to autonomy and/or of academic freedom in general are usually alleged. The results also show that the different structures and organizational cultures of universities need not presage the failure of the merger.

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Academic freedom in Europe: Limitations and judicial remedies

Kovács

2024

Glob. Con.

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Europe has recently struggled with democratic backsliding and autocratization. This autocratization has accompanied a decline in academic freedom in many backsliding countries, as reported by the Academic Freedom Index. Can the standards set by the European supranational courts effectively safeguard academic freedom? This article provides answers to this question. It argues that despite differences in their approaches, the theoretical conceptions of scholarship held by the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (ECJ) share an essential feature: both have moved towards embracing the ‘liberal science script’ by protecting academic freedom. The main difference between the two courts’ approaches is the subject of protection. The ECtHR focuses on the individual rights of academics: It protects free speech in the academic context by establishing a high standard for holding academics liable for publicly expressing their views inside and outside of academia. The ECJ has applied the concept of institutional autonomy, thereby setting a high standard for safeguarding the freedom of academic institutions. This standard can be applied with regard to the demands placed by policy-makers on academia regarding its role in democracy, including gender equality requirements for EU research funding.

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The Scope of Academic Freedom Right and the Situation of Scientists in Poland

Cited by 3 publications

References 46 publications

Academic Freedom as a Defensive Right

Academic Freedom as a Defensive Right

Impact of mergers on conflicts at universities—Conclusions from courts decisions

Academic freedom in Europe: Limitations and judicial remedies

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