Legal and political regulation of higher education in Portugal: an evolutionary perspective on the current policy issues and the problem of order

The higher education system in Europe is currently under stress and the debates over its reform and future are gaining momentum. Now that, for most countries, we are in a time for change, in the overall society and the whole education system, the legal and political dimensions have gained prominence, which has not been followed by a more integrative approach of the problem of order, its reform and the issue of regulation, beyond the typical static and classical cost-benefit analyses. The two classical approaches for studying (and for designing the policy measures of) the problem of the reform of the higher education system - the cost-benefit analysis and the legal scholarship description - have to be integrated. This is the argument of our paper that the very integration of economic and legal approaches, what Warren Samuels called the legal-economic nexus, is meaningful and necessary, especially if we want to address the problem of order (as formulated by Joseph Spengler) and the overall regulation of the system. On the one hand, and without neglecting the interest and insights gained from the cost-benefit analysis, or other approaches of value for money assessment, we will focus our study on the legal, social and political aspects of the regulation of the higher education system and its reform in Portugal. On the other hand, the economic and financial problems have to be taken into account, but in a more inclusive way with regard to the indirect and other socio-economic costs not contemplated in traditional or standard assessments of policies for the tertiary education sector. In the first section of the paper, we will discuss the theoretical and conceptual underpinning of our analysis, focusing on the evolutionary approach, the role of critical institutions, the legal-economic nexus and the problem of order. All these elements are related to the institutional tradition, from Veblen and Commons to Spengler and Samuels. The second section states the problem of regulation in the higher education system and the issue of policy formulation for tackling the problem. The current situation is clearly one of crisis with the expansion of the cohorts of young students coming to an end and the recurrent scandals in private institutions. In the last decade, after a protracted period of extension or expansion of the system, i. e., the continuous growth of students, universities and other institutions are competing harder to gain students and have seen their financial situation at risk. It seems that we are entering a period of radical uncertainty, higher competition and a new configuration that is slowly building up is the growth in intensity, which means upgrading the quality of the higher learning and getting more involvement in vocational training and life-long learning. With this change, and along with other deep ones in the Portuguese society and economy, the current regulation has shown signs of maladjustment. The third section consists of our conclusions on the current issue of regulation and policy challenge. First, we underline the importance of an evolutionary approach to a process of change that is essentially dynamic. A special attention will be given to the issues related to an evolutionary construe of policy analysis and formulation. Second, the integration of law and economics, through the notion of legal economic nexus, allows us to better define the issues of regulation and the concrete problems that the universities are facing. One aspect is the instability of the political measures regarding the public administration and on which the higher education system depends financially, legally and institutionally, to say the least. A corollary is the lack of clear strategy in the policy reforms. Third, our research criticizes several studies, such as the one made by the OECD in late 2006 for the Ministry of Science, Technology and Higher Education, for being too static and neglecting fundamental aspects of regulation such as the logic of actors, groups and organizations who are major players in the system. Finally, simply changing the legal rules will not necessary per se change the behaviors that the authorities want to change. By this, we mean that it is not only remiss of the policy maker to ignore some of the critical issues of regulation, namely the continuous non-respect by academic management and administrative bodies of universities of the legal rules that were once promulgated. Changing the rules does not change the problem, especially without the necessary debates form the different relevant quarters that make up the higher education system. The issues of social interaction remain as intact. Our treatment of the matter will be organized in the following way. In the first section, the theoretical principles are developed in order to be able to study more adequately the higher education transformation with a modest evolutionary theory and a legal and economic nexus of the interactions of the system and the policy challenges. After describing, in the second section, the recent evolution and current working of the higher education in Portugal, we will analyze the legal framework and the current regulatory practices and problems in light of the theoretical framework adopted. We will end with some conclusions on the current problems of regulation and the policy measures that are discusses in recent years.

Implicações do contexto político-legal para o lançamento de novas iniciativas sociais em Portugal

O propósito deste artigo é compreender se a existência de um ambiente político-legal favorável pode influenciar o lançamento de novas iniciativas de empreendedorismo social em Portugal. A investigação adota uma metodologia quantitativa. Os dados primários foram recolhidos através de um inquérito por questionário, on-line, enviado aos responsáveis que estiveram na base da constituição das Organizações Não-Governamentais de Cooperação para o Desenvolvimento existentes em Portugal, bem como aos responsáveis pelos projetos, que à data do inquérito, se encontravam cotados na Bolsa de Valores Sociais. No teste das hipóteses de investigação foram utilizadas técnicas de análise descritiva, técnicas de redução de dados (análise fatorial por componentes principais), e o teste t-student. Os resultados revelaram que um ambiente político-legal favorável tem uma importância baixa na decisão de lançar uma nova iniciativa social. Os resultados obtidos encontram suporte para o facto de muitos empreendedores sociais tenderem a localizar as suas atividades em ambientes político-legais desfavoráveis, contribuindo deste modo para a atenuação das assimetrias sociais e económicas entre as regiões do território nacional.

A introdução de mecanismos de competição e o quadro legal básico do Sistema Nacional de Saúde português : a perspectiva hospitalar

RESUMO - O presente trabalho de projecto visa analisar a introdução de mecanismos de competição do ponto de vista do quadro legal básico – Constituição e Lei de Bases da Saúde – que enforma o sistema de saúde português e principalmente, o seu impacte ao nível do meio hospitalar. Pretende-se aferir se a implementação de ferramentas de mercado no meio em apreço encontra previsão naqueles diplomas legais, sendo por isso, permissivos quanto ao seu desenvolvimento ou se, por outro lado, o nosso enquadramento legal se revela hostil ao seu desenvolvimento. O estudo foi desenvolvido com recurso, essencialmente, à pesquisa e revisão bibliográficas que serão transversais aos capítulos que compõem o enquadramento conceptual, à hermenêutica para efeitos de aplicação à temática da descrição do quadro legal básico e à análise das hipóteses de trabalho apresentadas. Os resultados obtidos permitem concluir que, via de regra, o quadro legal básico do sistema de saúde português é permissivo à introdução de mecanismos de competição, encontrando mesmo, alguns deles, eco legal em disposições datadas de final da década de ’60. Este grau de permissividade tanto é comprovável através de estatuições que directamente prevêem determinada ferramenta, como através da ausência de previsão que no nosso ordenamento jurídico, não é sinónimo de proibição. ----------------------------------ABSTRACT - This essay analyses the existing relation between the introduction of competition tools in the Portuguese health care system and its basic legal framework – the Constitution and the Health Bases Law – particularly from the hospital’s point of view. We aim to assess if the use and implementation of those tools are permissible by law or if, on the other hand, our legal system is hostile towards that introduction. Preferably we used bibliographical research in almost every chapter and hermeneutics allowed us to perform a detailed analysis of the basic legal framework. We conclude that, most of the times, the Portuguese basic legal framework is permissible to the use of such tools and some of the legislative acts date from the late sixties. That can be encompassed by existing or non-existing statutes – since in our legal system what is not specifically foreseen is not, necessarily forbidden.

Meta-analysis of gender and science research - Country report - Portugal

In Portugal, especially starting in the 1970s, women’s studies had implications on the emergency of the concept of gender and the feminist criticism to the prevailing models about differences between sexes. Until then, women had been absent from scientific research both as subject and as object. Feminism brought more reflexivity to the scientific thinking. After the 25th of April 1974, because of the consequent political openness, several innovating themes of research emerged, together with new concepts and fields of study. However, as far as gender and science relationship is concerned, such studies especially concentrate on higher education institutions. The feminist thinking seems to have two main objectives: to give women visibility, on the one hand, and to denunciate men’s domain in the several fields of knowledge. In 1977, the “Feminine Commission” is created and since then it has been publishing studies on women’s condition and contributing to the enhancement of the reflection of female condition at all levels. In the 1980s, the growing feminisation of tertiary education (both of students and academics), favoured the development of women’s studies, especially on their condition within universities with a special focus on the glass ceiling, despite the lack of statistical data by gender, thus making difficult the analysis of women integration in several sectors, namely in educational and scientific research activities. Other agglutinating themes are family, social and legal condition, work, education, and feminine intervention on political and social movements. In the 1990s, Women Studies are institutionalised in the academic context with the creation of the first Master in Women Studies in the Universidade Aberta (Open University), in Lisbon. In 1999, the first Portuguese journal of women studies is created – “Faces de Eva”. Seminars, conferences, thesis, journals, and projects on women’s studies are more and more common. However, results and publications are not so divulgated as they should be, because of lack of comprehensive and coordinated databases. 2. Analysis by topics 2.1. Horizontal and vertical segregation Research questions It is one of the main areas of research in Portugal. Essentially two issues have been considered: - The analysis of vertical gender segregation in educational and professional fields, having reflexes on women professional career progression with special attention to men’s power in control positions and the glass ceiling. - The analysis of horizontal segregation, special in higher education (teaching and research) where women have less visibility than men, and the under-representation of women in technology and technological careers. Research in this area mainly focuses on description, showing the under-representation of women in certain scientific areas and senior positions. Nevertheless, the studies that analyze horizontal segregation in the field of education adopt a more analytical approach which focuses on the analysis of the mechanisms of reproduction of gender stereotypes, especially socialisation, influencing educational and career choices. 1

Sharing best practices in introducing and teaching ethics principles to public administration employees : research report

O projeto, financiado pelo Programa Aprendizagem ao Longo da Vida, decorreu entre 1 de agosto de 2011 e 31 de julho de 2013 e foi coordenado pelo Instituto de Administração Pública de Praga, tendo como parceiros a Escola de Economia e Direito de Berlim, a Escola Nacional de Administração Pública da Polónia e o INA, de Portugal. A coordenação portuguesa do estudo esteve a cargo da Prof. Doutora Helena Rato e da Dra. Matilde Gago, com a colaboração do Prof. Doutor César Madureira e da Dra. Margarida Quintela, ex investigadores do INA, atualmente na DGAEP.

A violência sexual e de género nos campos de população refugiada: análise e enquadramento legal

Dissertação de mestrado em Direitos Humanos

Financial incentives in academia: research versus development

This paper investigates the effects of monetary rewards on the pattern of research. We build a simple repeated model of a researcher capable to obtain innovative ideas. We analyse how the legal environment affects the allocation of researcher's time between research and development. Although technology transfer objectives reduce the time spent in research, they might also induce researchers to conduct research that is more basic in nature, contrary to what the skewing problem would presage. We also show that our results hold even if development delays publication.

CRNINI workshop: Ethics in Research with children

Guidance for ethical research projects   •Good practice in children’s research •Building on knowledge gained in GUI •Initiated by DCYA   •Produced by Working Group with research, legal, policy and child protection expertise   Patricia's presentation is an analysis of at data from the Growing Up in Ireland study:  The relationship between family tranisitions and children's well being.

The legal and ethical framework governing Body Donation in Europe - A review of current practice and recommendations for good practice

Discussions at the inaugural meeting of a Trans-European Pedagogic Research Group for Anatomical Sciences highlighted the fact that there exist considerable variations in the legal and ethical frameworks throughout Europe concerning body bequests for anatomical examination. Such differences appear to reflect cultural and religious variations as well as different legal and constitutional frameworks. For example, there are different views concerning the "ownership" of cadavers and concerning the need (perceived by different societies and national politicians) for legislation specifically related to anatomical dissection. Furthermore, there are different views concerning the acceptability of using unclaimed bodies that have not given informed consent. Given that in Europe there have been a series of controversial anatomical exhibitions and also a public (televised) dissection/autopsy, and given that the commercial sale or transport of anatomical material across national boundaries is strongly debated, it would seem appropriate to "harmonise" the situation (at least in the European Union). This paper summarises the legal situation in a variety of European countries and suggests examples of good practice. In particular, it recommends that all countries should adopt clear legal frameworks to regulate the acceptance of donations for medical education and research. It stresses the need for informed consent, with donors being given clear information upon which to base their decision, intentions to bequest being made by the donor before death and encourages donors to discuss their wishes to bequeath with relatives prior to death. Departments are encouraged, where they feel it appropriate, to hold Services of Thanksgiving and Commemoration for those who have donated their bodies. Finally, there needs to be legislation to regulate transport of bodies or body parts across national borders and a discouragement of any moves towards commercialisation in relation to bequests.

Use of legal reserve areas as geochemical background in hydrosedimentology studies¹

In hydrosedimentology studies the determination of the trace element concentrations at the study site is imperative, since this background can be used to assess the enrichment of sediments with these elements. This enrichment can be the result of the natural process of geological formation or of anthropogenic activities. In the latter case, guidelines are used to indicate the concentrations at which trace elements cause ecotoxicity effects on the environment. Thus, this study used legal reserve areas in the municipality of Toledo, PR, where natural forests are maintained, with no or minimal human interference to establish background levels. The results of atomic emission spectrometry with inductively coupled argon plasma showed that the legal reserves have lower levels of trace elements than other theoretical references, but equivalent concentrations to the safety levels recommended by international guidelines. It was concluded that determining values is fundamental to recommend this background as scientific database for research in the area of hydrosedimentology of this site and also as a way of environmental management of the watershed of this municipality.

Load Ratings For Secondary Bridges Final Report Highway Research Advisory Board Project HR-239, May 1991

Load Rating: . , :Evaluation of the capacity of a bridge to carry vehicle Inventory Rating: Lbad level which can safely utilize the bridge for an indefinite period of time Operating Rating: Absolute maximum permissible load level for the bridge A load rating states the load in tons which a vehicle can impose on a bridge. Changes in guidelines, standards, and customary uses of bridges require analyses of bridges to be updated and re-evaluated. In this report, twenty-two secondary bridge standards for three types of bridges are rated for the AASHTO HS20-44 vehicle configuration and three typical Iowa legal vehicles

Les bonnes pratiques dompteront-elles la recherche clinique [Will good clinical practice domesticate human research?]

During recent years, an increasingly comprehensive set of rules and guidelines has been developed around clinical trials, to ensure their proper ethical, methodological, administrative and financial conduct. While initially limited to new drug development, this regulation is progressively invading all areas of clinical research, with limited respect for the heterogeneity in aims, resources, sponsors and epistemological grounds. No clinical study should be planned without consideration of a series of legal requirements, which are reviewed. Concerns about their practical implications are critically assessed.

Les femmes, oubliées de la recherche clinique [Women, forgotten by clinical research].

Durant des années, les femmes ont été sous-représentées dans les études cliniques. Or, de nombreuses molécules n'ont pas le même effet chez les hommes et les femmes, en raison de différences pharmacodynamiques et pharmacocinétiques. Il en découle un manque d'informations sur les effets thérapeutiques ou indésirables des substances mais aussi, plus généralement, une moins bonne connaissance des pathologies chez les femmes et une prise en charge plus souvent sous-optimale.La sous-représentation est due à divers facteurs, allant de la perception des femmes au sein de la société à des enjeux éthiques vis-à-vis de la grossesse. L'importance d'inclure suffisamment de femmes comme sujets d'études nécessite ainsi une prise de conscience médicale et également sociale ; elle devra s'accompagner de changements entre autres politiques ou législatifs. For years, women were underrepresented in clinical studies. But the effect of many drugs differ among women and men, due to pharmacokinetic and pharmacodynamic differences. As a result, there is a lack of information on therapeutic or adverse effets of drugs and, more generally, a lack of knowledge on diseases, leading more frequently to sub-optimal medical care in women. This underrepresentation is due to various factors, including the social role of women or ethical issues about pregnancy. The need for adequate representation of women in clinical studies is a social as well as medical concern, that implies political and legal changes.

The legal framework for energy provisions in the European Union – With special regard to providing of energy provisions within the scope of Article 194(2) TFEU

The thesis interprets the caveat of Article 194(2) TFEU in order to assess the use of the Article as a legal basis for energy provisions provided by the European Union. The research subject is the Energy Title in the Treaty of the Functioning of the European Union and the possibilities of the application of the legal basis provided therein. The purpose is analysis of the possibilities for providing of provisions within the scope of the caveat found in Article 194(2) TFEU with special regard to the possibilities of providing renewable energy legislation. The purpose of the thesis is on one hand to provide an overview of the premises for providing of energy provisions in the EU, and on the other hand to analyse the Treaty text in order to determine the legal basis for energy provisions. The ultimate objective is to determine the correct legal basis for renewable energy provisions, aimed at the mitigation of climate change. According to Article 194(2) TFEU, the practice of the shared legislative powers in the field of energy are restricted by the retention of certain energy matters within the power of the Member States. The wording of the caveat containing the restrictions is open to interpretation and has been a subject of extensive discussion. Many scholars have argued that the caveat in Article 194(2) TFEU might obstruct decision-making in energy matters. This argument is contested, and the factual impact of the codification of the energy competences is analysed. The correct legal basis for energy provisions depends on the final interpretation of the text of the caveat and the level of significance of the effect of the measure. The use of Article 194(2) TFEU as a legal basis might not be the only option. There is a possibility that the legal bases within the Environmental Title might be used as legal bases for energy provisions in addition to Article 194(2) TFEU.