Explanatory Memorandum to COM(2024)145 -

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dossier COM(2024)145 - .
source COM(2024)145
date 27-03-2024


1. CONTEXT OF THE PROPOSAL

1.1. Reasons for and objectives of the proposal

In the knowledge economy, Europe’s future will be shaped by the performance of its education systems and its ability to compete in the global race for talent. For many of the challenges Europe is facing, education is bound to be part of the solution.

Europe’s higher education sector plays a key role in equipping its workforce with the high-level skills needed on the labour market and lays the foundation for Europe’s innovation capacity and competitiveness, notably in the context of a shrinking workforce. It is also instrumental for the capacity of EU citizens to learn and think independently, which is crucial for a functioning democracy.

The higher education sector must attract talented staff - and retain it. That staff should be able to thrive, regardless of background, and enjoy academic freedom, in line with democratic principles. Academic staff today take on a wide range of tasks, beyond traditional teaching and research roles. Career prospects and job satisfaction are decisive to retain academic talent.

1.

This proposal focuses on two further issues that impact the attractiveness of academic careers:


Pioneering new joint transnational educational activities - like a European degree1 - requires dedicated staff with specific skills. However, experience2 shows that engaging in transnational cooperation can result in additional workload which is not always recognised or rewarded. This work can be perceived as something to be performed on top of a full-time job, and this can be a disincentive to engaging in work on transnational cooperation.

Equipping people with high-quality skills requires well-trained, agile academic staff. However, the criteria for career appraisal and promotion in the higher education sector are more closely linked to research activities and less to the quality of teaching. This can discourage academic staff from teaching, coupled with a neglect of continuous training to keep them updated on pedagogical methods and content. As a result, academic staff may struggle with a balance between teaching and research, and therefore, engage less in teaching.

Higher education institutions also guide innovation and the economic, civic and cultural development of their region. They develop people’s knowledge and professional skills - but also bring people and communities together to the benefit of both. Yet, many higher education institutions do not attribute the necessary value to activities such as business and community engagement, place-based innovation3 or participation in institutional governance.

This proposal seeks to address this as part of a larger package, with a Communication on a blueprint for a European degree and a proposal for a Council recommendation on a European Quality Assurance and Recognition system. This initiative supports work towards a European degree, but goes further, with the recommendation on attracting and retaining excellent academic and professional staff in higher education to advance this goal.

The ultimate goal of the initiative is a thriving higher education sector, as a key building block of the European Education Area4, to help Europe tackle future challenges, by equipping people with skills in line with changing societal needs.

This proposal should be seen alongside the Council Recommendation on establishing a European Framework to attract and retain research, innovation, and entrepreneurial talents in Europe5 - with both reinforcing synergies between the European Education Area and the European Research Area (ERA)6.

1.2. Structural and operational issues to be addressed by this recommendation

Evidence from studies and consultations point to the disincentives for staff in higher education to engage in transnational cooperation and teaching, and the lack of recognition for these activities in career progression.

1.2.1. Promote, recognise, and value engagement in deeper transnational cooperation

Research shows a widespread perception that the time staff in higher education devote to deepening transnational cooperation (including building and deploying European Universities alliances7) is not recognised adequately in their careers. In a dedicated survey on this issue8, most respondents agreed that transnational cooperation in teaching and learning was part of their higher education institutional strategy (66%), and that career pathways for academic staff effectively enabled, supported, and encouraged transnational cooperation activities (65%). However, when it came to appraisal, promotion, and reward mechanisms, only 40% of respondents agreed that engagement in transnational cooperation was effectively taken into account. In many cases, respondents expressed the view that this work was underestimated and people were expected to do it in addition to their full-time job.

Furthermore, European and international mobility opportunities for staff are not sufficiently facilitated. Academic staff participating in the Erasmus+ programme or Marie Skłodowska-Curie Action admit that these two programmes allow them to make greater use of innovative teaching methods and foster closer connections with the labour market. Yet, a report9 on higher education systems resources in 24 responding OECD10 countries highlights that only half of those sampled have dedicated national programmes to fund and support staff mobility.

1.2.2. Promote, recognise, and value diverse academic roles and tasks, including innovating and effective teaching

Academic staff working in higher education institutions are expected by their employer and the wider society to fulfil various additional roles and tasks11 on top of teaching and research. Ultimately, these additional tasks shape the role that higher education plays in society - educating highly skilled professionals and tackling social and economic challenges. However, these diverse tasks are not valued equally. While formal mechanisms to recognise teaching in academic careers exist in most European countries, they do not seem to work well in practice. It is vital that teaching and other non-research academic activities – all of which are crucial to society – are valued on an equal footing with research12.

Stakeholder organisations are concerned about this lack of parity of esteem between research and teaching. They are also troubled by the high levels of dissatisfaction reported with institutional practices related to the diversity of academic roles and tasks. For example, over two-thirds (70%) of respondents to a recent survey13 stated that the workload of academic staff was not fairly distributed evenly across staff types, seniority levels, and roles. Another recent study shows that while teaching performance is regularly evaluated in many higher education systems, the results of this evaluation have only a limited impact on career progression, with little recognition given to quality and innovative teaching14.

Linear career path models are another matter of concern to academic staff, as they hinder the capacity of higher education institutions to innovate and engage with their wider ecosystem. Academic staff can rarely move seamlessly between academia and other sectors. Yet, such a broadening of experience would contribute to both the quality of teaching and academic life.

In addition, support for development of academic staff is seen as insufficient. Dealing with a more diverse student body and involving them in a student-centred learning environment requires continuous updating of teaching methods. While there is support to academic staff to improve teaching methods (teaching enhancement)15, this is not widespread across the European Education Area. The implementation of a formal teaching qualification requirement for academic staff taking up a teaching role in higher education, is even less common16.

1.2.3. Promote competitive, safe, fair, free and non-discriminatory conditions to attract and retain staff

High quality teaching and transnational cooperation can only be developed in a free, safe, predictable, and stable working environment. The wellbeing of the academic staff relies on several factors: possibility for professional development, equality and non-discrimination in recruitment and promotion, mobility opportunities, and intellectual freedom. These are key factors to attract younger generations to a career in academia. At the same time, the lack of inclusiveness and competitiveness in terms of attractive working conditions may deter people from opting for this type of career. The high proportion of precarious contracts in the field of higher education, especially in early-stage careers, prevent them from developing their professional skills. That is why effective social dialogue and academic freedom are necessary supportive elements to achieve high quality education and transnational cooperation.

The specific characteristics of higher education and variety of institutions means the situation of academic staff is quite varied - in particular among those in the early stages of their careers. Many staff in higher education are employed on short-term or precarious contracts17. While this may offer higher education institutions more flexibility, it can make the academic profession less attractive.

Aside from job security and working conditions, the wellbeing of academic and professional services staff also relies on reassurance that they can teach without interference or fear of reprisal. In a recent study, analysing the self-perception of academic freedom by 4,000 academic staff in EU countries, 45% reported an erosion in the protection of academic freedom18. Any incidents that could possibly undermine academic freedom may hamper academic work, which takes place, by its very nature, in a public space. Fear of persecution for one’s scientific views is a major disincentive to engage in a career in higher education.

Europe has a highly accessible higher education system compared with the rest of the world. However, disadvantaged groups are still underrepresented among students, academic staff and researchers. It is important for higher education institutions to create an environment where talents from disadvantaged groups stay in academia and contribute – with their specific experience – to high quality academic work19. Academic staff from underrepresented groups may act as role models for disadvantaged students, which could potentially help to attract diverse talents. Considering the societal role of academia, it needs to be open to diversity and create non-discriminatory and safe conditions to enable all staff to innovate and teach. Lack of inclusive and accessible recruitment, employment and mobility opportunities for persons with disabilities deter them from taking up or maintaining a career in this field. In 2020, six times fewer persons with disabilities than those without worked in the education sector20. Evidence points to persistent gender imbalances, including contractual inequality21. Women are more often employed on precarious (9% vs. 7.7% in 2019) and temporary contracts (3.9 percentage points more) than men. Despite progress in recent years, women are under-represented among academic staff in Science, Technology, Engineering, and Mathematics (STEM), and in higher rank positions. Such gender differences can have a direct influence on the gender pay gap, as STEM fields tend to be associated with higher pay levels. The average proportion of women holding full professorships or equivalent positions is 26% in the EU, and an even greater gender imbalance is found in governance, where only 24% of heads of higher education institutions are women.

Improving the working conditions and addressing barriers and gender inequalities in academic careers play an important role in promoting competitive, free, inclusive, safe, fair and non-discriminatory conditions in academia, as they are part of the elements needed to increase the attractiveness of higher education institutions for academic staff and foster high quality teaching and transnational cooperation.

Data on academic careers is often fragmented, making it difficult to analyse certain aspects in depth. Work on filling some of the existing data gaps has already begun as part of the work carried out by the European Higher Education Sector Observatory22 and the research careers observatory, to be developed within the European Research Area to monitor research careers in all sectors23. However, better data collection and integration is needed to both monitor the institutional transformation in the EU’s higher education sector and to inform policymaking.

1.3. Objectives pursued by the proposed Council recommendation

This Council recommendation aims to create a common EU-level framework on attractive, inclusive and sustainable careers in higher education.

1.4. Consistency with existing policy provisions in the policy area

The proposal is a key deliverable under the European Education Area and builds on previous work set out in the below paragraphs.

The Commission Communication on a European strategy for universities24 highlights the need for ‘flexible and attractive academic careers in higher education’. The Communication states that the ‘Commission, in close cooperation with the stakeholders and the Member States, will propose a European framework for attractive and sustainable careers in higher education’ ‘in synergy with the research career framework developed under the European Research Area’. It also calls on Member States ‘to promote parity of esteem between different academic career paths and provide more flexibility for academic careers, beyond academia.

This objective was further reiterated in the Council Conclusions on a European strategy empowering higher education institutions for the future of Europe25 which states that ‘the full variety of academic activities both within and beyond academia, on all dimensions of higher education institutions’ missions, needs to be considered in their career assessments’.

This proposal for a Council recommendation considers the experiences of the Marie Skłodowska-Curie Actions, which contribute to these objectives by (i) attracting international talent to Europe; (ii) promoting attractive working conditions; and (iii) supporting training, mobility and career development of researchers and academic staff in Europe.

The Council Recommendation on establishing a European Framework to attract and retain research, innovation, and entrepreneurial talents in Europe26, aims at strengthening research careers in all sectors, including by introducing a new European Charter for Researchers. Both the framework and the Charter are in line with the Council Conclusions on ‘Deepening the European Research Area: Providing researchers with attractive and sustainable careers and working conditions and making brain circulation a reality’27 adopted in May 2021, and a key deliverable annexed to the Council Conclusions on the ‘Future governance of the European Research Area’28.

The Commission adopted on 13 November 2023 a proposal for a Council recommendation ‘Europe on the Move – learning mobility opportunities for everyone’29. That proposed recommendation aims at providing opportunities for educators, staff and learners at any age.

The Council Resolution on a strategic framework for European cooperation in education and training towards the European Education Area and beyond (2021-2030)30sets as a priority, ‘making lifelong learning and mobility a reality for all’. This priority is strengthened by actions promoting ‘a mindset of reskilling and upskilling throughout the Union’31 during the European Year of Skills 2023/2024 and skills policies to match learners’ needs and skill sets (including those acquired during mobility) with labour market opportunities.

The Council Recommendation of 23 November 2023 on improving the provision of digital skills and competences in education and training32 calls on Member States to ‘continue to improve measures to recruit and train teachers with expertise in the areas of (….) advanced digital technologies in higher education, while acknowledging their need for a varied range of pedagogical and didactic skills’.

1.5. Consistency with other Union policies

By strengthening higher education, this proposal for a Council recommendation contributes to Europe’s efforts to invest in people and their skills, laying the foundation for sustained growth, competitiveness and high employment, in line with the European Semester.

It is also consistent with the European Pillar of Social Rights33, which sets out essential principles and rights relating to equal opportunities and access to the labour market, fair working conditions and social protection and inclusion, and the November 2019 Council Recommendation on ‘Access to social protection for workers and the self-employed’34.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

2.1. Legal basis

The proposal is based on Articles 165 i and 166 i of the Treaty on the Functioning of the European Union (TFEU). Article 165(1) of the TFEU lays down that the Union is to ‘contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of their education systems’. Article 165(2) of the TFEU further specifies that Union action in education is aimed at ‘promoting cooperation between educational establishments’ and ‘at encouraging mobility of students and teachers.

Article 166(1) of the TFEU stipulates that the Union shall implement a vocational training policy. Article 166(2) of the TFEU states that the Union action must aim to ‘stimulate cooperation on training between educational or training establishments and firms’.

Additionally, the proposal is based on Article 153(1) points (b) and (i) in conjunction with Article 292. Whilst Article 153(1) points (b) and (i) state that the Union shall support and complement the activities of the Member States in the field of working conditions and equality between men and women with regard to labour market opportunities and treatment at work, Article 292 of the TFEU provides the legal basis for the Council to adopt recommendations based on a proposal from the Commission.

The initiative does not propose any extension of EU regulatory power or binding commitments on Member States. It is the Member States who will decide, based on their national circumstances, how they implement this Council recommendation.

2.2. Subsidiarity (for non-exclusive competence)

The proposal is in conformity with the principle of subsidiarity as provided for in Article 5(3) of the Treaty on the European Union (TEU). It seeks to increase transnational cooperation in higher education while safeguarding the ability of the Member States to take independent legislative decisions and implement measures aimed at fostering deeper cooperation between higher education institutions. Notwithstanding Member States’ responsibility, transnational cooperation issues are by nature better addressed at EU level, through joint action.

2.3. Proportionality

The proposal is in conformity with the principle of proportionality as provided for in Article 5 i of the TEU. Neither the content, nor the form of the proposal exceeds what is necessary to achieve its objectives. The actions proposed are proportional to the pursued objectives as they respect Member States’ practices and the diversity of systems. Any commitments by Member States are voluntary in nature and each Member State remains free to decide on the implementation of the proposal. The added value of action at EU level is to foster deeper transnational cooperation between higher education institutions from different Member States, to improve the functioning of higher education in the EU and increase its worldwide attractiveness and competitiveness.

2.4. Choice of instrument

To achieve the objectives referred to above, Articles 165 i and 166 i of the TFEU, as well as Article 292 as explained above, provide for the adoption by the Council of recommendations, on a proposal from the Commission. A Council recommendation is an appropriate instrument within the field of education and training where the Union has a supporting responsibility.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

3.1. Stakeholder consultations

Numerous consultation activities have been carried out over the recent years at the meetings of: (i) the European Education Area Strategic Framework Working Group on Higher Education; (ii) the Directors General for Higher Education, and (iii) the Bologna Follow-up Group and of the Learning and Teaching Working Group.

Regular discussions took place between the Commission and higher education institutions, stakeholder organisations, including the European Universities. Many stakeholders provided input in written contributions (EUA, YERUN, LERU, CESAER, The Guild, EURASHE35).

An online survey further strengthened stakeholders’ input, as did findings from an earlier literature review. This survey and these findings clearly indicated the perceived lack of recognition for teaching and other activities compared with research, in academic careers at higher eduction institutions. The call for evidence36 was published on 9 January 2024 and closed on 6 February 2024, and stakeholders generally welcomed the initiative.

The Commission also had exchanges with social partners such as ETUCE37 throughout the preparation process of this recommendation.

3.2. Collection and use of expertise

The proposal is based on evidence and input received from studies and reports: ECORYS comprehensive literature review and online survey, including consultations meetings and focus groups38; OECD evidence review on academic careers39, and a complementary review on wellbeing of academic staff conducted by NESET40.

Inputs based on Erasmus+ funded projects involving stakeholders organisations also provided input: the LOTUS project41 coordinated by the EUA and the E-note project42.

3.3. Impact assessment

An impact assessment was not carried out, given the voluntary nature of the proposed activities and the scope of the impacts expected. The development of the proposal was informed by prior studies, consultations with stakeholders and Member States, and a call for evidence.

3.4. Fundamental rights

The proposal respects the principles recognised by the Charter of Fundamental Rights of the European Union43, namely the right to education under Article 14, the respect for the arts and scientific and academic freedom under Article 13, non-discrimination under Article 21, equality between women and men under Article 23, and the right to fair and just working conditions under Article 31.

4. BUDGETARY IMPLICATIONS

While this initiative will not require additional resources from the EU budget, the measures in this recommendation will mobilise sources of funding at EU, national and regional level.

5. OTHER ELEMENTS

Implementation plans and monitoring, evaluation, and reporting arrangements

2.

The Commission intends to:


- Facilitate peer learning among Member States, higher education institutions and stakeholders, including European Universities alliances on teaching enhancement; mechanisms ensuring the recognition of teaching and involvement in transnational cooperation activities, and providing sustainable career pathways and appropriate talent management measures for academic staff and professional services staff.
- Foster synergies between this proposal and the Council Recommendation on establishing a European Framework to attract and retain research, innovation, and entrepreneurial talents in Europe. This could help to ensure improved and consistent careers for academic staff working at higher education and research institutions.
- Facilitate evidence-based policy and monitoring progress of this proposal by mapping, through the European Higher Education Sector Observatory, existing data on higher education career and staffing policy at European, national, and institutional levels. The Commission also plans to identify data gaps and needs and to consider relevant links between the European Higher Education Sector Observatory and the observatory on research careers developed within the European Research Area.