Draft Law "On Science and Scientific Research"/ VOA: Contradicts the Constitution and violates academic freedom

In Albania, the draft law "On Science and Scientific Research" submitted for public consultation by the government is provoking discussions among researchers and official authorities, at a time when funding for it is low, and scientific products do not penetrate into different areas of life in Albania. place. The Voice of America managed to learn the details of the 24-page opposition of the rectors' conference on this draft law, where it is underlined, among other things, that it contradicts the constitution, the Law on Higher Education and violates academic freedom. But on the contrary, according to official authorities, the draft law opens scientific research beyond the university academic world and gives due importance to it, with the establishment of a national council chaired by the Prime Minister.

In Albania, the government intends to introduce scientific research into a new legal framework and expand the entities that can carry out scientific research through a draft law "On science and scientific research". Universities have an important weight in this direction, so this draft has stimulated discussions in academic circles.

One of the most debatable points of the draft law is related to the creation of the National Science Council with 14 members, five ministers, under the direction of the Prime Minister. The aim of this council is thought to be the orientation and approval of policies and priority areas of science and scientific research, but researcher Arjan Gjonça points out that this council has a governmental majority in its composition.

"This is rather a government board, because the majority of this board is owned by the government directly with its members, ministers and with any representative of any agency, institution dependent on the government. So the government is advising the government and the government is making policies with the people of the government" - says Arjan Gjonça, professor, for Voice of America.

Even researcher Nevila Xhindi sees an increase in political influence over science in this definition of the bill.

"I do not justify that the prime minister is at the head of the science council with all the importance he wanted to give to the fact that he makes it important by putting himself. So not naming names makes it important. Please drop this kind of importance. To leave the importance of this matter to the scientific community" - Nevila Xhindi, a researcher, said to the Voice of America.

The official authorities say that the National Council for Science has an advisory role and that the government through it shows the importance it is devoting to scientific research, with the aim of turning it into the service of different areas of life in the country.

"It's a matter of perspective really. I believe that aligning science with decision-making is mutually beneficial. Science has a scientific product that can serve decision-making as evidence to make better public policies. On the other hand, bringing science closer to decision-making can solve very important problems that currently exist in this field" - argues Mirela Muça, General Director of AKKSI.

Even the Conference of Rectors is expected to express its official position on the draft law "On science and scientific research" on Monday in the parliamentary education committee. The Voice of America managed to learn that in the 24-page opinion there is a request for the review of this draft law, as it is said to be in conflict with the constitution, with the EU directive itself to which it refers, and that there is a clash of legal norms with the existing ones. The Conference of Rectors points out that the draft law violates the autonomy of higher education institutions and academic freedom, provided for in the constitution and in the Law on Higher Education. But according to the head of the National Agency for Scientific Research and Innovation, the draft law in no case infringes academic freedom, but makes scientific research inclusive.

"It does not attack the autonomy of universities to do scientific research, on the contrary, the spirit is the freedom to do scientific research, but not only in universities. We are realizing that universities are certainly important actors in scientific research and currently most scientific research actually takes place in university classrooms and laboratories. The Law of Higher Education really encourages, regulates and promotes scientific research, but within the territory of the University. But since we have other very important actors, are we going to leave them out? Of course not. This law does this, so it makes the process and activity of scientific research comprehensive" - ​​explains Mrs. Muça, general director of Akkshi.

According to the independent researcher, former member of the working group for the drafting of the reform in higher education, Arjan Gjonça, if the government says that it aims for an all-inclusive law, the existing law does not prohibit anyone, as he says, from applying to the scientific research projects of the Universities .

"There is a discrepancy in vision. If in the law of Higher Education it was thought that scientific research work is a very important part of the universities in Albania in the draft law submitted for discussion, "On science and scientific research" there is a movement and a disconnection, and attention is mainly placed on the institutions outside universities. This does not mean that institutions outside universities should not do scientific work, but this has to do with where the funding goes" - continued Mr. Gjonça.

Scientific research in Albania has a budget of 5.5 million euros, which is only 0.08% of GDP. Officials say they aim to increase it to 1% in 2030, while the average budget of EU countries for scientific research is 3%. Increasing efforts for scientific research is one of the EU's requirements for integration.

But one of the main concerns today is related to the capacities of scientific research in order to absorb EU funds, where one of the main programs, that of Horizon Europe, has a budget of 100 billion euros for this purpose. That's why researchers put emphasis on increasing scientific research capacities in the country.

"When we talk about scientific research, we must have the capacity to absorb these funds. We have to think now. It will be too late in a year or two. Albania will have full access to the EU Cohesion fund in two years. And to get there, among other things, you need to have a group and a work team that will write these projects. They should be strongly translated into the increase of capacities in universities for scientific research" - says Mrs. Genie.

The draft law on science comes at a time when discussions to increase capacities and funding for scientific research have intensified. During the following days, this legal initiative is expected to arouse new debates in the parliamentary tables and academic circles./ VOA