Challenges to academic freedom as a fundamental right

The protection of academic freedom has been a key priority for the League of European Research Universities (LERU) since its creation in 2002. In the daily application of academic freedom, its legal ins and outs are of fundamental importance. Reason why LERU in 2010 published a legal paper on academic freedom as a fundamental right, and why twelve years later, LERU presents an update of that paper.

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The paper sets out the main dimensions and the scope of academic freedom as a fundamental right, specifically taking into account the developments in legislation and jurisprudence of the last decade. It also aims to indicate how European and national policymakers and legislators can and should take measures to effectively protect, facilitate, strengthen and optimise academic freedom. Special attention hereby is paid at the EU level due to the decision of the Court of Justice of the European Union in case C-66/18, European Commission v. Hungary (2020).

The paper is based on the assumption that academic freedom is of paramount importance for current and future research as well as for teaching at universities, in Europe and worldwide. Academic freedom is not only seen as a goal in itself. It is important especially since it makes it possible for universities to serve the common good of society through searching for and disseminating knowledge and understanding, and through fostering independent thinking and expression in academic staff and students.

Read the interview with the lead authors.

Year of publication:
Apr 2023
Type of paper:
Advice paper
Author(s):
  • Jogchum Vrielink (KU Leuven and UCLouvain Saint-Louis - Bruxelles)
  • Koen Lemmens (KU Leuven)
  • Paul Lemmens (KU Leuven)
  • Stephan Parmentier (KU Leuven)