EU regulations with impact on higher education

Preamble

ESIB – The National Unions of Students in Europe has existed since 1982 to promote the
educational, social, economic and cultural interests of students at the European level, and
towards all relevant organisations and institutions. ESIB currently has 44 member
organisations from 34 countries.

Introduction

In the past years, the European integration has increasingly proceeded, with ever more
discussions taking place on the European level, and ever more competences being
transferred to the EU level or being shared between the EU and the member states. The
process of re-definition of basic values and principles needs extensive discussions and
strong involvement of all stakeholders. Those processes increasingly also involve the field
of education: Not only is higher education subject of numerous conferences, papers and
communications, it is also touched by other agreements and regulations, such as the
Lisbon Strategy, or the proposed draft EU directive on services in the internal market.

The purpose of this paper is to specifically line out the European students’ approach
towards these far-reaching changes on the EU level. Starting from a more general outline
of concepts and principles when dealing with education, the paper will proceed to
comment on specific European and EU processes. After lining out dangers and needs in
connection with quality assurance and accreditation, the paper will conclude with an
outline of the most important principles that have to build the basis for any EU legislation
in the field of education.

Concepts and Principles

 
The Concept of Education

Education serves several purposes in societies, the most important ones being its role as a
means for social development and democratic empowerment, its role for the general wellbeing
and economic development of societies, education as a means of developing and
sharing knowledge, as well as a means for personal growth and well-being.

The past years brought the emergence of private and for-profit provision of HE, especially
in the fields of lifelong learning, vocational education and training, e-learning and
transnational education. This is mostly combined with high fees, selection procedures and
a decrease of democracy and participation in decision-making processes. For-profit
education implies the concept of education as a tradable commodity. Due to the multiple
roles of education in the development of societies, ESIB emphasises that education can
never be reduced to a mere economic, tradable commodity.

 
The Role of the Student

In several documents, the EU is referring to the students as consumers of education. In
this logic, education is being reduced to a tradable and buyable commodity, to an
investment to increase the individual’s employability, focussing mainly on personal
benefits. The role of students organisations and student rights in higher education is in
this concept conceived as protection of consumers’ rights instead of involvement and the
right for active participation.

ESIB heavily opposes such a conception of students’ organisations and rights. ESIB lines
out that students are in numbers the most important part of the academic community.
They make important contributions to the creation of knowledge and must be seen as
partners in HE, with the self-evident right to take part in the processes of decision-making.
Both in the development of policy with an impact on the HE system as well as within the
HEIs, ESIB insists that the EU must enforce the involvement students in the discussions
and decision-making processes.

 
Social, Cultural and other Goals of Education

In an increasingly globalised world, international cooperation in the field of education is an
imperative. Still, ESIB emphasises that this has to happen in accordance with local
circumstances and goals, and that those balances must not be overruled by EU
legislations.

ESIB further stresses that regulations that were developed to secure accessibility, equality,
democracy, quality, publicity, transparency and cooperation within the HE system must be
seen as important guidelines for the provision of HE. These regulations are essential and
not to be removed for the sake of free trade. If subject to changes in the process of
Europeanisation, ESIB calls on the EU to transport and renew the importance of such
regulations on the European level and – in case of EU wide adjustment – abide the
intensity of the regulations.

Development of EU Legislation

The issue of HE is becoming more and more important on the EU level. EU initiatives and
discussions have substantial impact on the national HE systems. Therefore participation of
students must form an integral element of any process that is relevant for HE.

To take part in the decision-making structures and processes, sufficient resources must be
available for the student representatives. This contains both financial means as well as
required infrastructure.

 
EU and National Competences

Articles 149 and 150 EC Treaty line out that the EU should encourage the cooperation
between the Member States in the field of education and vocational training, while fully
respecting the responsibility of the Member States for the content of teaching and the
organization of education systems and vocational training.

EU action for universities only contains support through Community initiatives in the areas
of research and education, such as additional funding for research, actions to promote
research, involvement in certain actions pursued by the Union relating to technological
innovation, involvement in mobility programmes, encouragement for implementation of elearning.
All those initiatives and actions mentioned only take place on a basis of
cooperation between universities, incentives/ encouragements, recommendations and
voluntary involvement.

ESIB strongly supports the idea of international cooperation in the field of education, as
well as the attempts to build a European higher education area. However, ESIB is
convinced that – due to specific social, cultural and economic local circumstances – the
principle of subsidiarity must be fully respected. ESIB condemns tendencies such as the
EU expanding its impact on HE without proper denomination and discussion, including all
stakeholders in HE.

 
Higher Education within the Lisbon Strategy

In the overall aim of the EU to fulfil the Lisbon Objectives “to become the most
competitive and dynamic knowledge-based economy in the world, capable of sustainable
economic growth with more and better jobs and greater social cohesion” by 2010,
pressure is created upon all parts of society and politics to make their contribution to
reach that goal. The Open Method of Coordination used in the pursuance of the Lisbon
Strategy does not fulfil its purpose. So far, the Commission has taken on more than a
coordinating role. Undue pressure is put on the EU Member States through demands,
rather than open discussions on national higher education systems. The Open Method of
Coordination furthermore lacks transparency and has an extremely low allowance for the
participation of students.

In this process, ESIB fears that the EU increasingly approaches education solely from its
function to optimise the competitiveness of the EU economy. ESIB clearly states that the
EU must take the broad meaning of education for the development of societies as the
main basis for all legislative acts that have an impact on the education systems. HE must
never merely be used as a tool for economic goals.

ESIB condemns attempts that imply elitism and limitation of access to higher education,
such as the creation of elite-universities or centres of excellence. Those initiatives run
against the goal of social cohesion and can not in any way be justified with arguments of
competitiveness or economic goals.

ESIB furthermore emphasises that the need for fast action, as for example suggested by
the Lisbon Strategy, must not be taken as a legitimation to abandon intensive discussions
on the role and future of HE.

EU Legislation and the Bologna Process

More than once, the EU has highlighted and supported the increasing relevance of
competition in the HE system. EU initiatives that pursue competition in the field of
education or violate national competence jeopardise the cooperative and inclusive efforts
that have so far prevailed in the setting up of the European Higher Education Area (EHEA)
envisaged by the Bologna Process.

ESIB emphasises that actions taken by the EU in the field of education must be based on
preserving diversity and support compatibility and comparability of the national HE
systems. The attempts taken by the Bologna Process to involve various stakeholders must
be followed also by the EU.

 
Education and Regulations on the EU Internal Market

Education is based on a specific relationship between HEIs and students. Therefore we
cannot talk about education in terms of consumption. Education is a public good and thus
must not be made subject to agreements striving for liberalisation and privatisation of
services.

ESIB therefore stresses that education must be explicitly and permanently excluded from
any overarching trade agreement on the EU internal market, as well as other agreements
negotiated on the international level by the European Commission. Legislative measures of
the EU with an impact on the education system must take into consideration the special
character of education, the necessity to involve all relevant stakeholders in the related
processes, as well as the need for proper discussion and evaluation.

 
Quality Assurance and Accreditation (QAA)

Education is not only affected by regulations directly dealing with the provision and
organisation of education itself, but also by regulations dealing with services that are in
tight relation to HE. Many countries have established a national agency of quality
assurance and/or accreditation, or are in the process of doing so.

Due to its costs and its relevance, QAA is becoming a considerable business including a lot
of public and private actors and interests. ESIB opposes tendencies fostering the creation
of a competitive for-profit market for QAA services. ESIB is concerned that this could lead
to a situation where QAA agencies lower the criteria level in order to secure more jobs and
thus more money. What could follow is a decline of criteria and of quality standards in
European HE. Furthermore, the activities of different kinds of agencies should not be seen
as a way to lower the cost for QAA services.

Therefore higher education quality assurance and accreditation must be a public
competence. This does not exclude cooperation with private, sectoral or international
agencies in a given country, but the decisions must lie in the hands of public authorities.
That is especially important when it comes to decisions on public licencing of HEIs to offer
recognised study programmes, or decisions on funding of HEIs and student aid.

Local specifics and necessities of HE have to be taken into account by QAA systems. ESIB
insists that the involvement of stakeholders has to be seen as an integral part of such a
system.

Conclusions

When developing EU regulations that touch education and education-related services,
ESIB stresses that the following principles must build a basis for all further considerations:

• Education fulfils multiple roles, in the development of both the whole society and the individual. Reducing education merely to a tool for reaching economic goals is short-sighted and narrow-minded.
• Education is a public good and a public responsibility, and must not be subject to attempts of liberalising and privatising services.
• Education, due to its special character and importance for developments in society, can not be element of any trade agreements.
• Students, being integral part of the academic community, must be involved in any initiative or process that has an impact on the higher education system.
• Accessibility and equal opportunities in higher education also build a basis for the democratic capability of societies and should be seen as a top priority for changes in the HE system.

ESIB calls to the EU to start an EU-wide discussion with the aim of upholding and
strengthening regulations that secure free access to and equal opportunities within HE. In
accordance with article 13(2)(c) of the UN Covenant of Economic, Social and Cultural
Rights, ESIB further appeals to the EU to encourage non-profit supply of HE and the
abolition of tuition fees. Such attempts must be based on the fundamental pre-requisite of
the institutionalised inclusion of all higher education stakeholders.

Adopted at the 48th Board Meeting
Bergen, Norway, May 2005