Legal and Organizational Aspects of an Integrated University

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Legal and Organizational Aspects of an Integrated
University

• Prof. dr. sc. Josip Kregar,
• Project Coordinator
• 15 November, 2007

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Prof. dr. sc. Josip Kregar, voditelj projekta

• Prof. dr. sc. Aleksa Bjeliš, Rector
• Prof. dr. sc.Dragan Bolanca
• Prof. dr. sc. Željko Jerneic Prof. dr. sc. Ivo
  Josipovic Prof. dr. sc. Miomir
  Matulovic Prof. dr. sc. Marko Petrak Prof.
  dr. sc. Siniša Petrovic Prof. dr. sc.Vesna
  Vašicek Ksenija Grubišic
• Davor Rajcic

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Community vs Organization

• A university is an institution of higher
  education and research, which grants academic
  degrees at all levels (bachelor, master, and
  doctorate) in a variety of subjects. The word
  university is derived from the Latin universitas
  magistrorum et scholarium, roughly meaning
• community of masters and scholars".

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The Meaning of Integration

• The tradition of university is not integration
  via acts and bureaucratic mechanisms of
  hierarchy, written rules, impersonality or power
  relation. Contrary the universities are
  integrated mainly by mission, values and goals,
  devotion to scientific progress, teaching
  excellence. The tacit ignorance and disrespect
  for law was a part of perceived autonomy and
  habitus.
• Science is vocation, mission, an method, more an
  approach to world then isolation in building
  block.

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Legal aspects

• It is logically or historically fit to begin with
  law as a model with university viewed as, or
  through, a legal system. Thus viewed, university
  appears primarily as a complex of legal norms or
  framework of rights and obligationThe law proper
  are the concrete image in such persons mind when
  he epproaches university
• D,Waldo, Perspectives on Administration 29
• Administration University

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What

• Legal analysis of the statutory legislation on
  Croatian Universities.
•  
• Statutes and bystatutory acts
• Financial rules
• Strategic Decision Making

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Goals and Content

• Relation between constitutional units and
  integrated university- i.e. What and how to
  integrate?
• AUTONOMY UNIVERSITY VS. STATE
• UNITS VS. UNIVERSITY
• INDIVIDUAL FREEDOMS
• Planning and Decision Making
• Financing and Budgeting
• Research and Teaching

AUTONOMY
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Governance

• The study of administration should start from the
  base of management rather than the foundation of
  law
• L.White, The Administrative Machine 29
• Administration University

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Organization

• POSTCORB (POSTCORB)
• The size and complexity of University as an
  organization
• Span of control contact
• Institutional Inertia
• Centralization vs decentralization _ the
  dialectics of organizational principles

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Organization Size and Units
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• Although I have tried to deal candidly with some
  shortcomings in contemporary higher education, I
  hope I communicate no discouragement with the
  enterprise. On the contrary, I think that the
  modern American university is a real triumph it
  is, with all its shortcomings, like Churchills
  democracy (democracy is the worst form of
  government except all others).
• Donald Kennedy, Academic Duty

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Financial aspects

• The situation is different when it comes to
  financial markets and macroeconomic issues.
• Expectations play an important role and the role
  they play is reflexive
• G. Soros, The Crisis of Global Capitalism, 40

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Inflation of promises

• Educational debates figure prominently at
  election times. Perhaps we expect our schools to
  do so much equalise opportunity, instil
  discipline, stimulate individual imagination,
  provide a labour force they have remained at
  the centre of controversy
• J. Macionis, K.Plumer, Sociology a Global
  Introduction, 545

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Deflation of promises

• Fundamental shift in the relationship between the
  state and higher education
• It was once the role of Governments to provide
  for the purposes of universities it is now the
  role of universities to provide for the purposes
  of Governments
• Sir Howard Newby, (Chief Executive of HEFCE)
• Jan 2004

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Financing of Research and Innovation in Europes
Univ.

• This study confirmed the enormous diversity in
  national funding structures. It also points out,
  on one hand, a relative stagnation of the
  national RI budget, and on the other, a
  significant increase in university expenditure on
  RI since 1995. It also identified that
  interdisciplinary cooperation,interdisciplinary
  research, centres of excellence and doctoral
  education are considered to be the main future
  priorities for universities to develop at the
  European level.

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Findings from investigation UK

• A lot of money has been invested but not all
  wisely (for sustainability)
• Activity and infrastructure have grown
• The worst backlogs which were preventing
  appropriate quality T or R have been addressed
• 5 years of ageing buildings and cost inflation
• Improvements in utilisation and efficiency

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Findings from investigation UK

• The answer is partly money, but also culture
  change. Universities have a huge asset base. This
  needs 10-year plans, clear corporate decisions,
  and secure Finance. Increasingly, the finance
  will not come from government.
• HEIs with big problems may have to rationalise or
  take hard decisions.
• Jim Port EUA Spring Conference 2006 Financial
  sustainability of universities the OECD/IMHE
  study and current UK experience

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Contingencies and Constraints

• Equifinality is the principle that in open
  systems a given end state can be reached by many
  potential means.
• Any particular structure may have many
  functions, and any function may be fulfilled by
  alternative structures or processes
• (Gresov/Drazin)