On institutional autonomy: from an institutional guarantee to a true fundamental right of universities

Abstract

University autonomy is frequently described as an institutional guarantee or element of academic freedom’s efficacy, originating from or relying on it, within its strength, extent, and holders. At present, universities face threats to their autonomy, which are not always identifiable as emanating from public authorities or private actors. In addition, a significant part of these challenges arises from within the institution itself or in the dematerialised ad extra, i.e., in the digital ecosystem. Against this background, the classification of university autonomy as a simple guarantee or a genuine fundamental right assumes a new significance. The issue under discussion transcends the realm of theoretical debate to take on a universal importance. Built upon democratic values, this text seeks to scrutinise the qualification of university autonomy as a “simple” institutional guarantee, to highlight its shortcomings, and to promote grounds for its classification as a genuine fundamental right. Universities have the right to claim this status as holders of fundamental rights. In the axiological grounding of university autonomy, the criterion(s) of jusfundamentality are examined. Additionally, the autonomy and prototypical organisation of universities provide the basis for discovering in them true subjects in a relationship, holders of the fundamental right.