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Higher Education Institutions in the EU: Between Competition and Public Service

Higher Education Institutions in the EU: Between Competition and Public Service
Author: Andrea Gideon
Publisher: Springer
Total Pages: 296
Release: 2017-02-05
Genre: Law
ISBN: 946265168X

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This book investigates the impact of EU law and policy on the Member States’ higher education institution (HEI) sectors with a particular emphasis on the exposure of research in universities to EU competition law. It illustrates how the gradual application of EU economic law to HEIs which were predominantly identified as being within the public sector creates tensions between the economic and the social spheres in the EU. Given the reluctance of the Member States to openly develop an EU level HEI policy, these tensions appear as unintended consequences of the traditional application of the EU Treaty provisions in areas such as Union Citizenship, the free movement provisions and competition policy to the HEI sector. These developments may endanger the traditional non-economic mission of European HEIs. In this respect, the effects of Union Citizenship and free movement law on HEIs have received some attention but the impact of EU competition law constitutes a largely unexplored area of research and this book redresses that imbalance. The aim of the research is to show that intended and unintended consequences of the EU economic constitution(s) are enhanced by a parallel tendency of Member States to commercialise formerly public sectors such as the HEI sector. The book investigates the potential tensions through doctrinal analysis and a qualitative study focussing on the exposure of HEI research to EU competition law as an under-researched example of exposure to economic constraints. It concludes that such exposure may compromise the wider aims that research intensive universities pursue in the public interest. Andrea Gideon is a Postdoctoral Research Fellow at the Centre for Law & Business (National University of Singapore) for which she has suspended her position as Lecturer in Law at the University of Liverpool. In her current project she is investigating the application of competition law to public services in ASEAN. Her previous research concerned tensions between the economic and the social in the EU with a focus on EU competition law in which research area she earned her PhD at the University of Leeds in 2014.


Public Services and EU Competition Law

Public Services and EU Competition Law
Author: Daniele Gallo
Publisher:
Total Pages:
Release: 2022
Genre: Antitrust law
ISBN: 9781032132396

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"This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States' sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs' regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a 'Community based on the rule of law'. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law"--


University Governance

University Governance
Author: Catherine Paradeise
Publisher: Springer Science & Business Media
Total Pages: 323
Release: 2009-02-07
Genre: Education
ISBN: 1402095155

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Higher education reforms have been on the agenda of Western European countries for 25 years, trying to deal with self governed professional bureaucracies politically weakened by massification when an emerging common understanding enhanced their role as major actors in knowledge based economies. While university systems are deeply embedded in national settings, the ex post rationale of still on-going reforms is surprisingly uniform and “de-nationalized”. They promote (1) the “organizational turn” of universities, to varying extent substituting collegial loosely coupled entities by “integrated, goal-oriented entities deliberately choosing their own actions (and therefore open to differentiation), that can thus be held responsible for what they do” (2) the diversification of stakeholders, supposedly offering solutions to problems as various as the democratisation of universities, the shrinking of State budget resources and the diversification of university missions offering answers to changes in the making and in the use of science. When it comes to accounting for these reforms, two grand narratives of public management share the floor. NPM implies a strengthening of the capacity of the core State to direct public services organizations through management by objectives and results or contractualization, assessment, evaluation and. “Governance” focuses on “network-based” governance systems, where coordinating power and control are collectively shared between the major ‘social actors or partners’ at all levels of the decision-making system. Our results suggest that all higher education systems under study were more or less transformed according to both these narratives. It is therefore needed to understand how they combine or create contradictions. This leads us to test a third neo-weberian model. This model reaffirms the role of the State, of representative democracy, (central, regional and local), of public law (suitably modernized), preserves the idea of a public service with a distinctive status, culture and terms and conditions. It shifts from an internal orientation to bureaucratic rules towards an external orientation in meeting citizens’ needs and wishes by means of standardization of work processes and their products, based on a distinctive public service and a particular legal order survived as the foundations beneath the various packages of modernizing reforms. This book traces the national dynamics of public policies, organizational design and steering tools in seven European higher education and research systems, using these narratives to interpret and test the actual changes and the degree of national specificities and European convergence. This book is not a sum of national chapters like other presumably comparative. It does not intend to tell once again the story of the transformation of the relationships between the state and universities. It tries to use Higher education system to discuss issues on state intervention and steering and more generally the NPM, governance and neo-weberian models in a specific field. Furthermore, this book intends breaking the walls between specialists in higher education and specialist in public management and research policy. This well rooted division of labour is less that ever justified as the university mission in research (fundamental, applied, strategic) is underscored by commentors and reformers themselves. For that reason, we have chosen to observe the consequences of the dynamics of public policies, organizational design and steering tools on two specific issues related to the development of research training and organizing within universities: the transformation of research funding on the one hand and the expansion of graduate studies and doctoral schools on the other.


The Regionalisation of Competition Law and Policy within the ASEAN Economic Community

The Regionalisation of Competition Law and Policy within the ASEAN Economic Community
Author: Burton Ong
Publisher: Cambridge University Press
Total Pages: 410
Release: 2018-03-01
Genre: Law
ISBN: 1108195768

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This edited volume of essays examines a wide range of issues related to the regionalisation of competition policy in South East Asia, where the ten member states of ASEAN have launched the ASEAN Economic Community (AEC). Written by a diverse group of academics, practitioners and policy-makers, this book explore issues such as the role of competition policy in facilitating the market-integration ambitions of the ASEAN member states, the challenges arising from divergences in the national competition law regimes of the ASEAN member states, and the absence of a supranational legal framework and the future of competition policy in light of the AEC Blueprint 2025. Given the nexus between regional competition policy and regional market integration, this book will be of particular interest to lawyers, economists and policymakers working in the fields of competition law and regional trade law.


The European Higher Education Area

The European Higher Education Area
Author: Adrian Curaj
Publisher: Springer
Total Pages: 906
Release: 2015-10-12
Genre: Education
ISBN: 3319208772

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Bridging the gap between higher education research and policy making was always a challenge, but the recent calls for more evidence-based policies have opened a window of unprecedented opportunity for researchers to bring more contributions to shaping the future of the European Higher Education Area (EHEA). Encouraged by the success of the 2011 first edition, Romania and Armenia have organised a 2nd edition of the Future of Higher Education – Bologna Process Researchers’ Conference (FOHE-BPRC) in November 2014, with the support of the Italian Presidency of the European Union and as part of the official EHEA agenda. Reuniting over 170 researchers from more than 30 countries, the event was a forum to debate the trends and challenges faced by higher education today and look at the future of European cooperation in higher education. The research volumes offer unique insights regarding the state of affairs of European higher education and research, as well as forward-looking policy proposals. More than 50 articles focus on essential themes in higher education: Internationalization of higher education; Financing and governance; Excellence and the diversification of missions; Teaching, learning and student engagement; Equity and the social dimension of higher education; Education, research and innovation; Quality assurance, The impacts of the Bologna Process on the EHEA and beyond and Evidence-based policies in higher education. "The Bologna process was launched at a time of great optimism about the future of the European project – to which, of course, the reform of higher education across the continent has made a major contribution. Today, for the present, that optimism has faded as economic troubles have accumulated in the Euro-zone, political tensions have been increased on issues such as immigration and armed conflict has broken out in Ukraine. There is clearly a risk that, against this troubled background, the Bologna process itself may falter. There are already signs that it has been downgraded in some countries with evidence of political withdrawal. All the more reason for the voice of higher education researchers to be heard. Since the first conference they have established themselves as powerful stakeholders in the development of the EHEA, who are helping to maintain the momentum of the Bologna process. Their pivotal role has been strengthened by the second Bucharest conference." Peter Scott, Institute of Education, London (General Rapporteur of the FOHE-BPRC first edition)


European Higher Education and the Internal Market

European Higher Education and the Internal Market
Author: Cristina Sin
Publisher: Springer
Total Pages: 383
Release: 2018-08-25
Genre: Education
ISBN: 3319918818

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This book analyses European higher education policies and their three main drivers: the European Commission, the European Court of Justice and the building of the European Higher Education Area through the Bologna Process. Central to the volume is the issue of European institutions’ intervention in higher education: building a common area for higher education in a domain protected by subsidiarity is no easy task, and one that must consider the supra-national, national and institutional levels that all play a role in policy implementation. In this volume, the editors and contributors navigate within the tensions between the establishment of an internal market on the one hand and national sovereignty on the other. This volume will surely be of interest and value to those studying and working in the area of higher education policy and understanding relationships between European institutions and member states.


Building Higher Education Cooperation with the EU

Building Higher Education Cooperation with the EU
Author: Elizabeth Balbachevsky
Publisher: BRILL
Total Pages: 232
Release: 2020-12-15
Genre: Education
ISBN: 9004445420

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Building Higher Education Cooperation with the EU: Challenges and Opportunities from Four Continents offers a detailed study of higher education cooperation between the EU and four continents with an examination of the challenges and opportunities. These findings have enabled the development of a new understanding of the internationalisation of higher education.


Positioning Higher Education Institutions

Positioning Higher Education Institutions
Author: Rosalind M. O. Pritchard
Publisher: Springer
Total Pages: 278
Release: 2016-09-26
Genre: Education
ISBN: 9463006605

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Higher education is of growing public and political importance for society and the economy. Globalisation is transforming it from a local and national concern into one of international significance. In order to fulfil societal, governmental and business sector needs, many universities are aiming to (re-)position themselves. The book initially considers their “compass”. They aspire to transformational planning, mission and strategy in which social justice is important, people are not treated as mere means to an end, and traditional moral positions are respected. This transformational urge is sometimes vitiated by blunt demands of new public management that overlook universities’ potential for serving the public good. The volume then addresses universities’ success in meeting their targets. Often the challenge in evaluation is the need to reconcile tensions, for example between structure and pastoral care of students; institutional competition and collaboration; roles of academics and administrators; performance-based funding versus increased differentiation. Measurement is supposed to provide discipline, align institutional and state policy, and provide a vital impetus for change. Yet many of these measurement instruments are not fully fit for purpose. They do not take sufficient account of institutional missions, either of “old” or of specialist universities; and sophisticated measurement of the student experience requires massive resources. Change and positioning have become increasingly key elements of a complex but heterogeneous sector requiring new services and upgraded instruments.


Learning to Compete in European Universities

Learning to Compete in European Universities
Author: Maureen McKelvey
Publisher: Edward Elgar Publishing
Total Pages: 391
Release: 2010-01-01
Genre: Education
ISBN: 1848446101

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This title addresses the critical issue of how and why European universities are changing and learning to compete.


The European Higher Education Area

The European Higher Education Area
Author:
Publisher: BRILL
Total Pages: 345
Release: 2019-02-11
Genre: Education
ISBN: 9087907141

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This volume presents the state of the art with respect to the most important elements of the Bologna process. The reflections on the past are also used to fuel the debate on the next decade.