Subject: Non-discriminatory access to EU funds for science and research in the Member States
A university must be a place where freedom of thought and differences of opinion are respected and properly safeguarded. Guided by this conviction, the rectors of some Polish universities decided to cancel classes on 28 October 2020. Their aim was to enable students and employees to participate voluntarily in the nationwide protests organised because of the ruling of the Constitutional Court on the possibility of terminating pregnancies.
Even though the rectors were exercising their rights and acting in accordance with the idea of the autonomy of institutions of higher education, they were criticised by Minister of Education and Science Przemysław Czarnek. It is particularly outrageous that Minister Czarnek announced that the rectors’ decision would be taken into account by the Ministry of Education and Science when funds are allocated to universities for investment, research and grants. As has rightly been pointed out by representatives of the academic community in Poland, such action would constitute a violation of the principles of financing science, according to which funds are allocated for the development of universities in accordance with previously-established procedures and grants are awarded on the basis of a review procedure.
I would therefore like to ask the Commission what action it can take to guarantee respect for academic freedom and the autonomy of universities in all the Member States as well as the non- discriminatory access of Polish universities to EU funds managed by the Minister of Education and Science and the subordinate agencies.
Answer given by Ms Gabriel on behalf of the European Commission
(5 March 2021)
Article 13 of the Charter of Fundamental Rights of the European Union provides that academic freedom shall be respected. Ensuring academic freedom in higher education is at the core of all higher education policies developed at EU level.
It is also one of the key commitments in the context of the intergovernmental Bologna Process, of which Poland and the Commission are full members. In the Rome Communiqué (1), the Education Ministers of the Bologna countries decided to develop a monitoring system of fundamental values for the European Higher Education Area.
The Commission would also like to refer to the Bonn Declaration on Freedom of Scientific Research (2), affirming the European Research Area (ERA) as the safeguard of freedom of scientific research. In its communication (3), the Commission stresses that ‘without academic freedom, science cannot progress and the ERA cannot function’.
The Commission attaches great significance to upholding the rights enshrined in the EU Charter of Fundamental Rights, including the freedom of expression (Article 11 of the Charter) and academic freedom (Article 13 of the Charter). Autonomy of higher education institutions is the institutional form of academic freedom (4).
However, the Charter applies to the Member States only when they are implementing EC law, including the implementation of EU funds. When unrelated to EC law, it is for the national authorities to uphold fundamental rights in line with their constitutional and international obligations.
When EU funding to universities is made available in a decentralised manner, for example through the Erasmus+ National Agencies, such Agencies are accountable to the Commission and must work in accordance with principles of transparency and non- discrimination.
⋅1∙ https://ehea2020rome.it/storage/uploads/5d29d1cd-4616-4dfe-a2af-29140a02ec09/BFUG_Final_Draft_Rome_Communique-link.pdf
⋅2∙ https://www.bmbf.de/files/10_2_2_Bonn_Declaration_en_final.pdf
⋅3∙ COM (2020) 628
⋅4∙ cf. Judgment of the Court of Justice of the European Union in Case C-66/18 Commission v Hungary, para. 227.
