CEU Responds to Proposed Amendments in Hungarian Higher Education Law

CEU Responds to Proposed Amendments in Hungarian Higher Education Law
Mar 28 2017
https://www.ceu.edu/article/2017-03-28/ceu-responds-proposed-amendments-hungarian-higher-education-law

Central European University (CEU) expresses its opposition to proposed amendments to Act CCIV of 2011 on National Higher Education, tabled in Hungarian Parliament today. After careful legal study, CEU has concluded that these amendments would make it impossible for the University to continue its operations as an institution of higher education in Budapest, CEU’s home for 25 years. CEU is in full conformity with Hungarian law. The proposed legislation targets CEU directly and is therefore discriminatory and unacceptable. CEU calls on the government to scrap the legislation and enter into dialogue to find a solution that allows CEU to continue in Budapest as a free and independent international graduate university.

“Any legislative change that would force CEU to cease operation in Budapest would damage Hungarian academic life and negatively impact the government of Hungary’s relations with its neighbors, its EU partners and with the United States,” said CEU President and Rector Michael Ignatieff. “I call on the government to enter into negotiations with us to find a satisfactory way forward that allows CEU to continue in Budapest and to maintain the academic freedoms essential to its operation.”

The 2004 joint declaration between the Hungarian government and the State of New York confirmed the parties’ joint agreement to support CEU’s goal of achieving Hungarian accreditation, while at the same time maintaining its status as an accredited American university. Following the 2004 joint declaration, a special law namely Act LXI of 2004 on State Recognition of Közép-európai Egyetem, established Közép-európai Egyetem (KEE); literally translated, this means “Central European University.” KEE was established as the Hungarian entity which then allowed for Hungarian accreditation of 10 graduate and doctoral level programs at the University. CEU/KEE is one higher education institution with one campus in Budapest. The dual identity of CEU/KEE enables the University to comply with both Hungarian and U.S. laws and award both Hungarian and U.S.-accredited degrees. This is a common model. CEU is one of many American-accredited international universities that do not operate any academic programs within the U.S.

In addition, the amendments would require CEU to open an additional campus in the state of New York. Forcing CEU to do so would have no educational benefit and would incur needless financial and human resource costs.

The section of the amendment that most clearly illustrates discrimination against CEU is the provision that prevents Hungarian universities (in this case, KEE) from delivering programs or issuing degrees from non-European universities on behalf of CEU. Existing legislation allows for university programs and degrees from OECD countries (including the U.S.) to function through joint Hungarian entities, as CEU/KEE currently does. Hungary itself has been a member of OECD since 1996, and as such, should not discriminate against other OECD countries.

Another clear example of discrimination in the proposed amendment is the elimination of a good-faith waiver that currently allows academic staff from non-EU countries to work at the KEE entity without requiring a work permit. The change would create additional and unnecessary barriers to hiring and recruitment. Given that CEU relies particularly much on professors from outside of the EU, the new regulation would place the university in a disadvantageous position.

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