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Academic autonomy should be respected
December 5, 2007
The Albanian Helsinki Committee applauds the
Statement of the Assembly of the Academy of
Sciences of Albania, expressing its opposition
to the Draft Law that the Council of Ministers
submitted for approval to the Assembly of
Albania, proposing changes and additions to the
law “On the Academy of Sciences of Albania.”
For AHC, it is incomprehensible and unacceptable
that, according to this draft law, the
retirement age of Academicians be lowered from
75 to 70 years. What is worse, the draft law
denies them not only the right to vote, but even
participation in the Assembly, which is in
contravention of decision no. 36, dated
15/10/2007, of the Constitutional Court.
It is worth mentioning that the above decision
annulled as incompatible with the Constitution
the phrase “without the right to vote” that
article 8 of the draft “On the Academy of
Sciences” contained, with the argument that this
“denies the right to vote to academicians of
over 75 years of age, leading to consequences
regarding blocking of the process of
institutional decision making and respect for
academic freedom and institutional autonomy.”
AHC
also considers unjust and unmotivated the
reorganization of the Academy of Sciences in
such a way that places it, even temporarily,
under the selection, guidance, and tutelage of
the executive, as envisioned by articles 14/1,
14/2, 14/3, 14/4 and 14/5 of the Draft Law. It
is worth mentioning that according to article
14/4 of the Draft, the President of the Republic
is awarded attributions he does not have, with
regard to his right to appoint the Academy’s
Temporary presidency.
From this standpoint, AHC deems it necessary to
highlight the fact that the above Draft Law was
drafted not even one year from the approval of
the law no. 9655, dated 11/12/2006 “On the
Academy of Sciences of the Republic of Albania,”
not even two months from Decision no. 36, dated
15/10/2007 of the Constitutional Court,
immediately after the election of the new
Chairman of the Academy of Sciences, and without
consultations with interest groups.
AHC
is of the opinion that the Draft Law is in
contravention of the spirit and principles of
Academic autonomy and freedom, sanctioned in
article 57, item 7, of the Constitution that
stipulates, “The autonomy of higher education
institutions and academic freedom are guaranteed
by law.”
In fact, this Draft Law, not only does not
guarantee the principle of the above
constitutional principle, but rather violates it
evidently.
Precisely for the above reasons, AHC suggests to
the Assembly of Albania to not approve this
Draft Law.
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